If you have been injured because of someone else’s negligence, ensuring you obtain fair and complete compensation is fundamental. With this in mind, you likely wonder how you can know if you’re receiving proper compensation. There are a number of key factors to bear in mind when it comes to ascertaining whether compensation is fair in a personal injury case.
Special Damages
At the heart of compensation in a personal injury case is what are known as special damages. Special damages represent financial compensation for actual or quantifiable losses. These include such items as medical bills and expenses, or even lost wages. Fair compensation necessitates ensuring that all actual expenses are satisfied in financial recovery received in the form of a settlement or judgment.
General Damages
In addition to special compensation, fair compensation typically includes general damages. These represent compensation for losses that include pain and suffering and mental anguish. These are the types of losses that cannot be readily calculated, as is the case with actual losses of special damages.
Oftentimes a formula is utilized to ascertain what you generally should receive in the way of money for these types of difficult to quantify losses. For example, if you sustained relatively serious injuries in an accident, the amount of money sought for pain and suffering might be based on a calculation of 2.5 to 3.5 times the amount of money spent on medical expenses.
Punitive Damages
If the conduct of the party that caused an accident that resulted in your injuries is considered particularly egregious or reckless, you may be entitled to what are known as punitive or compensatory damages. This represents additional money paid to you in a judgment in a lawsuit.
The laws in states tend to limit the amount of money that can paid in the form of punitive or exemplary damages. Nonetheless, if you feel the conduct of the party that caused your injuries was particularly reckless or egregious, punitive or exemplary damages represent additional compensation that might be sought to insure a fair and complete judgment in a case.
Legal Counsel
In the final analysis, retaining a skilled, experienced personal injury lawyer represents an advisable course to take to ensure you obtain appropriate, fair, and complete financial compensation in any particular case. The first step in retaining counsel is scheduling an initial consultation.
Author Information: Eileen O’Shanassy is a freelance writer and blogger based out of Flagstaff, AZ. She writes on a variety of topics and loves to research and write. She enjoys baking, biking, and kayaking. Check her out on Twitter at @eileenoshanassy.
