Monday, October 10, 2011

Personal Damages

There have been defined several different forms of damages in personal injury cases. There are special damages, general damages, punitive damages, and nominal damages. These have been developed to help create order when compensating one for his or her losses or injuries. Special damages often reflect an actual quantifiable dollar amount for the individual who has suffered losses at the time the defendant was negligent, up until a certain date that is specified by the jury or trial. This special damage amount could cover losses to lost wages, personal property damage, or costs of medical bills.

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General damages are ones that cannot be quantified. These are ones that do not have a physical receipt such as from a medical bill or a bill from car damage repair. These damages are ones that are related to pain and suffering of the plaintiff. The trial must determine what value is appropriate for such injuries.

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Punitive damages seek justice for the plaintiff; not a monetary value, but a punishment for the defendant. These damages are only awarded in a case where the defendant is guilty of some wrongdoing that has caused injury. If someone does not stop at a stop sign and causes an accident, punitive damages are not possible. However, if the person who did not stop was under the influence; then punitive damages can be sought. In the event, that punitive damages are sought, the plaintiff will not be able to seek a monetary payment. This is merely a form of seeking justice.

Personal Damages

D. Moore is co-founder of carwreckcases.com and has been happily maried for over seven years. He currently raises his children in the heart of dixie.

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