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Pursuing Damages for an Injury

A person who is injured in a car accident or suffers another kind of personal injury, such as a slip and fall, can generally seek compensation through a settlement with an insurance company, or by filing a lawsuit.  If the injured person is victorious in a lawsuit, he or she would receive a monetary award, which is supposed to provide some form of restitution for losses suffered as a result of the accident.

Type of Damages Available in a Personal Injury Case

Special damages consist of economic damages such as medical costs – to cover both past and future medical costs associated with the injury, lost wages, any property damage, and any other such costs.  The injured person seeking recovery for these costs has to produce evidence showing that the costs were actually incurred or will be reasonably expected in the future, and that they were a result of the accident or injury.  These injuries are easier to prove than general damages because the costs involved are usually provable through medical bills or can easily be calculated in future projections for things like lost earning capacity and future medical costs.

General damages consist of non-economic damages such as pain and suffering, mental anguish, loss of a limb, or other disfigurement or impairment.  General damages are difficult to precisely quantify, as mental anguish, embarrassment, and pain and suffering are unique to each plaintiff.  Juries are generally instructed to award these damages fairly and justly in light of the evidence presented.

The other category of damages that may be awarded in a personal injury case are punitive damages.  These are damages awarded to punish the defendant’s behavior.  Punitive damages are awarded to an injured person if it can be shown that the defendant’s actions were a result of intentional misconduct or gross negligence. For example, punitive damages are generally available in drunk driving accidents in Florida.

If you are in an accident, an experienced personal injury attorney can assess your case and give you an idea of what kind of damages you may be entitled to. If you are injured as a result of the negligent actions of another person, contact the experienced Clearwater personal injury attorneys at Roman & Roman, P.A. for a consultation.

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