When a person has been involved in an accident, it’s common for victims to ask how they can recover their losses. After filing a personal injury claim, the injured victim becomes the plaintiff in the civil suit. Usually, the driver’s insurance company is the defendant since the insurance company often pays out a claim rather than the driver.… Read More »

When a person has been involved in an accident, it’s common for victims to ask how they can recover their losses. After filing a personal injury claim, the injured victim becomes the plaintiff in the civil suit. Usually, the driver’s insurance company is the defendant since the insurance company often pays out a claim rather than the driver. The plaintiff’s attorney can seek out two types of title damages for their client: compensatory and punitive damages. By gathering evidence...

When a person has been involved in an accident, it’s common for victims to ask how they can recover their losses. After filing a personal injury claim, the injured victim becomes the plaintiff in the civil suit. Usually, the driver’s insurance company is the defendant since the insurance company often pays out a claim rather than the driver.

The plaintiff’s attorney can seek out two types of title damages for their client: compensatory and punitive damages. By gathering evidence from medical records and other sources, their attorney justifies the amount asked for in settlement negotiations.

Punitive Damages

Punitive damages are designed to punish the driver who caused the car wreck by acting woefully negligent and reckless, such as a drunk driver. To deter them from acting that way again in the future and to make clear to the public that if they behave in such a way, they will face monetary consequences. People don’t want a drunk driver on the road causing harm to innocent drivers. A jury may not look too highly upon a defendant who had a blood alcohol content level above the legal limit at the time of the accident.

Whether or not a plaintiff is eligible to receive punitive damages or if there is a cap on punitive damages that can be awarded is determined by each state. For example, there are no caps on the amount of punitive damages that an injury victim can receive in Illinois, but in Missouri, they are capped at $500,000 or five times the total amount of the award.

Compensatory Damages

There are two types of compensatory damages. The first is called economic damages. These are recovered under personal injury law to compensate accident victims for financial losses. They include:

  • Medical expenses: Costs related to treating your injuries, including the ambulance ride, emergency room care, tests done in the hospital, and if you needed surgery.
  • Lost wages and future lost earning potential: if you cannot work, you can provide your salary or wage information to have these damages calculated.
  • Property damage: these include your car, electronic devices that were damaged, and even have pets if they were in the vehicle at the time of the accident

Non-economic damages include pain and suffering, loss of enjoyment of life, and the loss of the use of a limb or organ. The more severe the injury’s physical discomfort is and the more emotional anguish caused by the accident, then the higher the award amount will be.

How To Seek Damages

To get the damages you deserve, your personal injury attorney will have to collect evidence to build a strong case. Depending on the type of accident that you occurred, there will be different pieces of evidence required. For example, in a car accident, you will need to provide the police report and photos of the scene of the accident. If you were injured after slipping and falling on someone’s property, you will need to file a premises liability claim. Eyewitness testimony and the plaintiff’s testimony are also recorded and then provided to the attorneys for the insurance company, judge, or jury.


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Updated On 2021-08-19T11:50:44+05:30
Mayank Shekhar

Mayank Shekhar

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