The party that Claim compensation for personal injury and wins the claim of personal injury is qualified to receive money from the defendant. This money is called compensation. There are two classifications of compensation: damages and punitive damages. The compensation for damages tries to compensate the victim for the loss suffered and to restore the situation he was in before the injury. On the other hand, punitive damages have the purpose of punishing the defendant for his actions to avoid repeating the behavior that caused the injury
Compensation for damages
There are two classifications of compensation for damages:
- special damages
- general damages.
In Special damages compensate the sufferer for the financial loss related to the injury. Some typical categories of special damages include:
This type of damage may include medical costs suffer in the past and those expectations in the future. If it is believed that the victim will need medical attention for the rest of his life, the cost of such care is determined based on the victim’s life expectancy.
This type of damage can cover income lost due to work absence as well as the “loss of the possibility of earning a salary”, that is, the inability of the victim to generate the same income that was generated before the injury.
A victim is also entitled to compensation for damage to their property. Such compensation is determined based on the fair market value for the property at the time the damage occurred.
Special damages can be determined with certainty. In contrast, general damages are less concrete and do not have a specific monetary value.
Some typical categories of general damages include:
Pain and suffering
This type of damage attempts to compensate for the physical pain suffered due to the injury, but may also include the emotional suffering of the victim. However, it is more hardto get compensation for emotional suffering.
Loss Of Consort
This type of damage compensates the victim’s spouse for the loss of the marriage company due to changes in mood, comfort or sexual intercourse.
The second type of damages that can be awarded is punitive damages. These damages are almost never granted. In general, they are only obtained if the plaintiff is able to prove a pattern of repeated misconduct of the defendant or prove that the defendant’s conduct was particularly appalling.
One aspect of health care directly related to personal injury compensation that all plaintiffs should know about is the principle of harm reduction. This doctrine states that a plaintiff must take reasonable steps to avoid future injuries after suffering the injuries caused by the defendant.
For example, suppose Susana fractures her ankle in a car crash in which the defendant acted negligently. After the crash, Susana’s doctor informs him that he must undergo ankle surgery to heal properly. And he warns her that if she doesn’t have surgery, she probably feels pain in her ankle for the rest of her life.