Under tort law, a person who is injured or harmed due to the negligence of another individual or organization is legally entitled to compensation for damages. The law intends the person to be made whole again. At the same time, it must be established that the other party acted in a negligent manner and their action or inaction was the direct result of the injury or harm. Both individuals and businesses are expected to act in a reasonable manner to avoid causing harm to others. When not done, it is considered a breach of duty, and the offending party can be held liable.
The Legal Process
The legal process of collecting damages for a personal injury begins with the filing of a lawsuit. Complaints, motions and answers are involved in the beginning of a lawsuit. The discovery phase of a legal process is lengthy and entails interrogatories, document production and depositions. Interrogatories are specific questions regarding your facts of the case and your claims. Document production may include contracts and medical reports. Depositions are sworn statements with a court reporter making a transcript. It’s important to note that many personal injury cases are settled before reaching the trial phase through negotiations. And if you’re not satisfied with the trial verdict, you can file an appeal. The appellate court looks for any errors of law that occurred during the proceedings. If an error is found to have contributed to the trial court’s decision, the appellate court will reverse that decision.
Types of Damages
Special compensatory damages are monetary awards to compensate for monetary expenses that occurred because of the injury. Common types include loss of earnings, medical bill and cost of future medical care. General damages compensate the plaintiff for non-monetary damages, such as pain and suffering, mental anguish and loss of companionship. A wrongful death suit provides damages for surviving family and loved ones. It often includes funeral expenses, pre-death medical care, emotional stress, loss of financial contribution and loss of companionship. Punitive damages are awarded only when the wrongful behavior was especially egregious.
Attorney Alejandro is an experienced personal injury attorney and has won substantial awards for clients in a broad range of personal injury cases, including car accidents, dog bites and wrongful death lawsuits. He is there to fight for justice on your behalf and to ensure that you are fairly compensated for your injury.