A Discussion About the Purpose, Proving and Different Types of Personal Injury Damages

You may be entitled to personal injury damages if you prove that the defendant was negligent and the defendant’s negligence caused you to suffer injury or harm.

In order to obtain compensation, your attorney must prove your damages by a fair preponderance of the evidence (or in other words, when all of the evidence is weighed that the matter is more probably true than not).

The purpose of personal injury damages is to restore you to the position you would have been in had the wrong not occurred. The purpose is not to reward you or punish the defendant.

There is no special formula under personal injury law to assess your damages in a personal injury claim. The jury is obligated to assess what is fair, adequate, and just. The jury must award compensation which will fairly and reasonably compensate you for your injuries.

Personal injury damages for which you may receive compensation include:

Physical pain and suffering including past, present and future pain and suffering which is proved with a reasonable medical probability.

Mental and emotional pain and suffering (nervous shock, anxiety, embarrassment, depression, and/or mental anguish) including past, present and probable future mental and emotional pain and suffering.

Permanent injuries including permanent scarring, disfigurement or loss of bodily function.

Loss of enjoyment of life in the form of work, play or family life.

Medical expenses incurred by the plaintiff as a result of his/her injuries including the reasonable sum for medical expenses that are reasonably to be expected in the future.

Loss of earning capacity incurred as a result of the accident including any future probable loss of earning capacity.

Aggravation of a pre-existing condition.

Loss of consortium (relationship with family members) which may be pursued by a spouse, child or parent of a person injured in an accident.