Understanding Damages in Atlanta Personal Injury Cases
No one wants
to face a personal injury lawsuit. Even so, it's a good idea to know what your
rights are and what damages may be applicable in your case.
Types of Damages
There are many types of damage that
are possible in a personal injury case. While many people think of personal
injury strictly in terms of bodily harm, other sorts of damages are quite
common. In fact, physical harm need not have occurred at all in order to pursue
a personal injury lawsuit. Defamation of character is also considered to be a
form of personal injury, especially if you show that wages were lost or other
forms of economic damage are the result of the defamation of character.
Damages in
personal injury cases include medical bills, lost wages, emotional stress, pain
and suffering, wrongful death, loss of companion or consortium, and other
compensatory damages. Depending upon the specifics of the case, punitive
damages may apply. However, punitive damages don't apply in all cases.
As you can
see, you don't need to suffer personal injury in order for a personal injury
lawsuit to be appropriate. The loss of a loved one due to an accident or
wrongful death may be justification for a personal injury case. Depending upon
the specifics, a defamation lawsuit might be quite reasonable. If you can show
that injury was suffered, you may have the makings of a solid lawsuit.
General or Special
You may hear the terms general damages
and special damages mentioned. The distinction is actually quite
straightforward. Special damages can be measured and identified quite readily.
These are lost wages, medical bills, or lost or damaged property. These are
able to be itemized and specified in detail, usually with the aid of bills or
other documentation.
General
damages are a bit different. Examples are pain and suffering, emotional
distress, or defamation. It's not always easy to give hard numbers to these
sorts of damages, especially since bills or documentation typically won't be
available or even applicable. General damages rely less on hard-and-fast
numbers and focus more on the personal nature of the injury. After all, the
emotional impact is hard to quantify, but it should still be considered. This is
where general damages come into play.
Making the Case
Amounts vary from one case to another.
If you have medical bills or other expenses as a direct result of a personal
injury, you may seek compensation. This is one of the reasons it's so important
to try and mitigate your damages after an accident or other harmful event.
Those bills and documentation are hugely helpful in putting together the
strongest case possible. Additionally, damages may be limited if you don't act
in a reasonable and responsible manner.
A personal
injury lawsuit can become surprisingly complex very quickly. This is especially
true in cases involving medical issues, death, or other areas of the law, such
as family law, contracts, or intellectual property. Because it can be so challenging
to navigate, it's always recommended that you discuss the specific details of
your case at length with your attorney. Even information you find uninteresting
or obvious could be crucial to your case.
If you've been in a motorcycle accident and are looking for an attorney to represent your best interests in a personal injury lawsuit, contact Steelhorse Law today via live chat at Motorcycle Injury Lawyers or by calling, 1-888-382-6878.