Recovering Damages in a Personal Injury Case: What You Should Know

by | Jan 17, 2024 | Blog | 0 comments

Personal injury can occur in various settings, such as workplace accidents, slip and fall incidents, and medical malpractice. Personal injury cases involve two main issues: liability and damages. The amount of compensation awarded is determined by the defendant’s liability for the damages sustained, the severity of the injury, the cost of medical treatment, recovery, and the impact on daily life. The amount of damages awarded in a personal injury case is determined on a case-by-case basis by a jury and can be in the form of compensatory and punitive damages.

There are generally two types of personal injury cases: intentional and negligence-based. Intentional cases arise when an individual deliberately harms another person. On the other hand, negligence-based cases are the most common and occur when a person acts carelessly or negligently, resulting in injury or damage to property. Some common examples of negligence-based cases include car accidents caused by a drunk driver or slip-and-fall accidents caused by a property owner’s negligence.

There are two types of damage awards in a personal injury case: compensatory and punitive. Compensatory damages are awarded to victims to compensate for their losses, economic (special damages) and non-economic (general damages). Special damages refer to economic losses such as medical expenses, loss of wages, and repair or replacement of property. General damages refer to non-economic losses such as pain and suffering or loss of consortium. Punitive damages are intended to punish the defendant for their liability that resulted in injury. Punitive damages are typically awarded when the defendant’s conduct is particularly egregious in a specific case.

It can be difficult to recover damages and obtain maximum compensation when pursuing personal injury cases. To increase the likelihood of success, you should seek medical attention immediately and gather all evidence, including medical records, loss of wages, and financial impact on daily life. It’s essential to be honest about the accident and your injuries, avoid posting on social media, and refrain from talking to insurance adjusters without your attorney present.

If you or a loved one have been injured due to liability, contact The Law Offices of Reginald Keith Davis for your confidential consolation.We will fight for your rights every step of the way. 

Licensed in Kansas and Missouri. ** Se habla Español

Phone: (913) 299-8789