What Money Damages Can be Awarded in Personal Injury Lawsuits?
The law defines damages as monetary compensation awarded to a plaintiff by a court of law in a civil action. Judges and juries can award damages in cases of negligence, if they also find a person or organization is liable for the harm caused to another. Damages are meant to provide relief to the injured party, and may take a variety of forms, including compensatory, punitive, and nominal damages. This article will provide an overview of the several types of damages that may be recovered in a negligence injury civil action, as well as the legal requirements and procedures for obtaining such damages.
Compensatory damages are the most usual form of damages awarded in negligence injury civil actions. The law provides for these damages to compensate the injured party for the losses they have suffered because of negligent acts or omissions causing the loss suffered by the plaintiff. Juries may award these damages for both economic and non-economic losses, and may include:
• medical expenses;
• lost wages;
• emotional distress; and
• physical pain and suffering.
In some cases, the court may also award punitive damages, which are intended to punish the negligent party and discourage them from engaging in similar behavior in the future.
Legal Requirement of Causation
For a plaintiff to be eligible for damages in a negligence injury civil action, the plaintiff must prove that their injuries were a direct result of the defendant’s negligence. This requires the plaintiff to show that the defendant had a duty of care to the plaintiff, that the defendant breached this duty of care, and that the breach of duty caused the plaintiff’s injury. If the plaintiff proves these elements, a jury or judge may award damages.
Burden of Proof to Recover Damages
Moreover, to recover damages in a negligence injury civil action, the plaintiff must prove their case by a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that the defendant’s negligence caused the plaintiff’s injury. The burden of proof is on the plaintiff to prove the defendant’s negligence, and the plaintiff must present evidence that proves the defendant’s negligence.
Limitations and Damage Caps
However, there are some limitations on the amount of damages that a plaintiff can recover in a negligence injury civil action. For example, some states have statutory caps on non-economic damages, such as pain and suffering. Many states enacted laws limiting the amount of damages that may be awarded in certain types of lawsuits like medical malpractice. Additionally, the defendant may be able to argue that the plaintiff was partially responsible for their own injuries, which could limit the amount of damages that the plaintiff can recover.
Know the Legal Procedures
The plaintiff must first file a lawsuit with the court to recover damages in a negligence injury civil action, the. The complaint must state the facts of the case and the damages the plaintiff is seeking. The defendant then must respond to the lawsuit and deny any wrongdoing. After the answer, the parties may then engage in discovery, which is the legal process of exchanging evidence and information.
At trial, the plaintiff must present evidence to prove their case and the amount of damages they are seeking. Naturally, the defendant may present evidence to refute any claims made by the plaintiff. The court will then make a determination as to whether the defendant is liable for the plaintiff’s injuries and, if so, award a sum money as damages.
Now that you know more, hire a lawyer
In conclusion, legal damages exist in the law as monetary compensation in a negligence injury civil action. Courts may award damages for both economic and non-economic losses, such as medical expenses, lost wages, emotional distress, and pain and suffering. To recover damages, the plaintiff must prove that the defendant’s negligence caused the plaintiff’s injury by a preponderance of the evidence. Often, statutory limits exist on the amount of damages that the plaintiff can recover, and the defendant may also be able to argue that the plaintiff was partially responsible for their own injuries. The plaintiff must first file a lawsuit with the court and then engage in discovery and present evidence at trial to prove their case. If you or a loved one has been injured due to someone else’s negligence, we highly recommend that you hire an experienced trial lawyer who is familiar with the law on damages. Experienced trial lawyers know how to maximize their client’s recovery by effectively presenting damage claims.