Damages in a Personal Injury Lawsuit

As the injured party in a personal injury lawsuit, you want to make sure to be completely familiar with the laws regarding the damages you are able to recover. Besides the medical expenses you have incurred in order to take care of your health and the cost of having your property repaired or replaced, other non-tangible items might also be included.

Other damages may also be related to events happening in the future, such as your inability to earn future wages if your injuries prevent you from returning to work. Punitive damages can also be included and their aim is to punish the negligent party for the damages caused.

The Role of an Independent Medical Examination

Severe and serious injuries are generally accompanied by extensive monetary payments. These payments may originate from an insurance company or from whoever caused the injuries. Thus, it makes sense that the person who is responsible for the injuries to confirm that the injuries are as bad as the injured party claims them to be. This is where an independent medical examination (IME) is necessary.

This reflects the concern by the defendant that the doctor treating the injuries might be biased in favor of their patient. The IME lets an independent doctor examine the victim and verify that the injuries are as serious as the plaintiff has stated.

The Obligation to Mitigate Damages

The duty to minimize the damages refers to the fact that the victim must act in a way that a reasonable and ordinary person would under these circumstances. This is done by receiving prompt medical care by an experienced physician and even looking for a different job. If the victim does not treat the injuries as soon or as thoroughly as possible, it may be interpreted as not trying to mitigate the damages. Also, if another job is available and the plaintiff refuses to take it, damages will most likely be reduced.

Are there limits to the amount of non-economic damages that can be recovered in a personal injury case?

There are, and each state has determined its own damages cap. As far as medical malpractice caps, the federal government itself has capped non-economic damages for them at $250,000.

The initial reaction to damage caps of someone who just filed a personal injury lawsuit might be that, as the plaintiff, they deserve every cent they are claiming. However, the other side of this argument is that not having caps can actually put a drag on the overall economy.

Damage caps are put in place in order to manage the cost of doing business. Awarding large damage amounts may ultimately mean that these costs will be passed on to the consumers. Also, damage caps have been put in place to discourage people who want to bring a suit with the hope of receiving a large amount of money. The point is to have the justice system ready to service those who are actually injured and seek compensation.

Speak to a Personal Injury Attorney

If you are in doubt as to how the damages you are seeking may be impacted by damage caps or what economic or non-economic damages you might be entitled to, click personalinjurylawyersbronx.com to find answers to all your personal injury lawsuit questions and concerns.