When you experience a personal injury, you can be awarded compensatory damages as well as punitive damages. Today, we are going to focus on what compensatory damages are and some of the things that are included. While most cases will end up settled out of court, understanding the compensation that is legally allowed will help you to understand why you need a personal injury attorney to assist you maximize your settlement.
There are two types of compensatory damages:
- Actual damages include things like compensation for hospital bills, physical therapy, medications, ambulance expenses, medical equipment, property repair or replacement, lost wages, lost employment, increased living expenses, and other tangible damages like these.
- General damages compensate you for things like a decreased quality of life, long-term pain and suffering, the loss of future wages, future medical expenses, mental anguish, disfigurement, inconvenience, and other losses that be less tangible and more difficult to put a precise dollar value on.
Knowing what you are due is a must because insurance companies frequently offer a settlement that covers a fraction of these expenses in order to get you to walk away. Don’t sign anything before you speak to an attorney who can help you to get what you truly deserve!
Assistance for Your Personal Injury Settlement in California
Petrov Law Firm in San Diego has the experienced personal injury attorneys that you want in your corner when you are seeking compensation from an insurance company. Contact us today at 619.344.0360, so we can review your case and help you to maximize your compensation.Read More
If you have been injured and are seeking compensation, there are a few things that your personal injury attorney will need to know in order to assist you. Here are the most important things to keep in mind.
- How were you injured? – There are a number of ways that you could have suffered your injury. Everything from a car accident or a dog attack to a slip and fall or medical malpractice may call for compensation, but the rules regarding each type of case vary.
- How long ago were you injured? – Unfortunately, some victims wait months or even years before seeking legal Since the statute of limitations is different for various causes of injury, you don’t want to seek a settlement after it is too late.
- Who is the responsible party? – Obviously, you can’t seek compensation if you hurt yourself, but in many cases, there is another party that is to blame for the injury. Whether it is a driver on a cell phone or a company that sold a product they knew was defective, you don’t want to go into a settlement alone or you are sure to receive a minimal offer.
The Personal Injury Attorneys You Can Trust
For trustworthy personal injury attorneys, contact Petrov Law Firm in San Diego. Our experience in helping clients receive settlements in personal injury cases can help you to maximize the compensation you receive. Before you sign anything from the offending party, call 619-344-0360 to schedule a consultation.Read More
When someone attacks you, it’s a criminal act — assault and battery. However, you also have the option of filing a personal injury case against the attacker. Frequently, a personal injury case regarding a personal attack is not connected to the criminal case for the same incident.
Most personal injury cases are civil lawsuits addressing the medical costs, emotional distress, and property damage caused by someone’s neglect or carelessness. Intentional torts, however, allow you to confront your attacker through both the civil and criminal courts. Even if the attacker has been found to be not-guilty in a criminal court, you can still pursue a civil case for the same act.
Through your civil case, you can demand compensation for any losses associated with the injuries. Your lawyer will pursue losses for the medical costs and lost wages (current and future) associated with the attack. In addition, your lawyer will pursue additional compensation for emotional distress. Because acts of assault and battery generally cause more emotional distress than other kind of personal injury, your lawyer may pursue this avenue aggressively.
Establishing compensable losses for emotional distress is a difficult and lengthy process. Because there are no hard numbers (like lost wages) to calculate the compensation, you will generally have to visit a variety of psychologists to assess your emotional state. However, these losses can be equal or greater than the medical and wages losses associated with the case.
If you’ve been attacked, don’t just call the police. Contact your own lawyer to establish cause for a personal injury case against your attacker.
Getting off an airplane, a man pulling his luggage from the overhead compartment drops his bag on the head of another passenger. She’s hurt. The bag was heavy, causing a muscular neck injury. The sharp corner on the bag also caused bleeding and required regular medical attention to ensure the cut healed properly.
In this real life example, the injured passenger can’t sue the airline. Her only recourse is to get the name of the man who dropped his bag on her head and sue. While that might seem especially difficult, it’s not.
Once you have the other person’s name and address, a personal injury attorney can investigate possible options for recovering your medical and wage losses caused by the injury. In fact, if the other passenger has homeowner’s insurance, your lawyer might only have to file the claim with the insurance company. (Homeowner insurance policies cover people outside of the home too.) If you are too injured to ask for the other party’s name and address, contact the business where the accident happened. Generally, businesses use incident report forms to document contact information in the case of on-premises accidents. If you are too timid at the time of the incident to directly ask for the information, request an employee of the business to create the incident form.
Personal injury accident happen everywhere, and frequently involve people you would otherwise never meet. You don’t have to be in a car accident to file a claim against someone else’s insurance coverage. Airplanes, restaurants, shopping malls… regardless of the location, if a stranger is negligent and responsible for your injury, you can get help.Read More