Understanding A Personal Injury Claim With Compensatory Damages

One of the most common types of injury claims are personal injury claims. These types of claims deal with the injuries that are suffered by a person physically, emotionally and mentally, as well as property damages. When the term personal injury claim is used, it refers to the legal actions taken by someone who has experienced these types of injuries.

In most cases, personal injury claims are the result or reaction to some sort of accident. The process involves the injured person seeking financial compensation from the party that is the cause of the accident and resulting injuries. When this type of lawsuit is put forward, it’s often also referred to as someone seeking compensatory damages which, as the term implies, means that the injured party is looking to receive compensation for the injuries suffered from the party causing the injuries.

Types of Compensatory Damages

The purpose of compensatory damages is meant to help the plaintiff, which is the injured person or party, reach a position of physical, emotional, mental and material wealth that they were in before the loss of property or personal harm occurred.

Personal injury lawyer in National City knows that compensatory damages can usually be divided into two main categories: special damages and general damages. Here is a brief breakdown of these two types of compensatory damages

Special damages. A person seeking compensation for these types of damages is looking to be restored to the position before the accident happened. Special damages are the types of damages that can be calculated, in other words, quantifiable losses. These includes such expenses such as loss of wages or earning, property damages and medical expenses.

General damages. These types of damages are not easily determined through calculations of loss of dollars and cents. They are not quantifiable. Examples of general damages include defamation, emotional stress and loss of companionship or consortium.

Proving Compensatory Damages

In a personal injury lawsuit seeking compensatory damages, be it special damages or general damages, it is a requirement that some proof is provided for the loss. The injured party needs to prove their claim which includes proving that an actual loss happened and that the defendant was responsible for this loss. The process of doing this involves showing specifics about how the defendant’s conduct caused the loss or injury.

Several aspects of the claim need to be proven in order for a successful personal injury claim involving compensatory damages. |It needs to be proved that there was some sort of negligence on party of the defendant, such as irresponsible or unsafe driving. Ways to proves the claim and preserve and gather evidence can include:

• Physical evidences like dents, broken glass or other damages
• Statements from witnesses
• Photo or video proof of the incident or accident
• Documents such as police reports and medical records
• Any other evidence that can help the courts determine the value of your damages.