Actions that cause personal injury are rarely punishable in a criminal court. Most attorneys approach personal injury cases intending to make their clients financially whole. The following qualities of a seasoned personal injury attorney can make this possible:
- Sharp Negotiation Skills
- Ability to Explain Your Options
- In-Depth Understanding of the Law
- Strong Litigation Skills
Victims of personal injury can receive compensatory damages that are categorized as general, special or wrongful death.
Financial losses that result from a personal injury are measurable. When preparing a settlement request, an attorney will calculate the sum of medical expenses, lost wages and property damage. It is necessary to retain all relevant bills and receipts for a straight-forward accounting that proves financial losses resulting from the injury.
Some damages are subjective and not easily measured for compensation. These types of general damages, known as “pain and suffering,” include the intangible consequences of an injury such as depression, anxiety, loss of appetite, inconsistent sleep, and aches and pains. When attempting to calculate pain and suffering, a personal injury attorney will collect evidence including medical prescriptions for pain, psychotherapy bills and personal statements from the victim and medical professionals.
Calculating pain and suffering may seem complicated, but insurance companies rely on a formula based on multiples of victims’ financial losses. The multiple can be anywhere between 1.5 and 5 times the value of the special damages.
Another way to calculate damages is to assign a fixed dollar allowance for each day from the time of the accident until the victim fully heals.
When someone dies due to personal injuries caused by someone else, the beneficiaries of the deceased are entitled to reimbursement for all medical and funeral expenses. Also, it is possible to obtain a settlement that includes financial support for surviving children and compensation for relatives’ pain and suffering.
Although punitive damage awards are rare for personal injury cases, wrongful death suits are sometimes the exception. The circumstances usually involve actions that cause multiple deaths and most often include the automobile and food industries. Punitive damages are monetary fines designed to punish the offender and serve as an example for potential wrongdoing. When applicable, they can be very high.If someone is the victim of a personal injury, they may want to punish the person responsible, but this may not be possible.