In your life, you may be unlucky and face a certain accident because of other people’s wrongdoings. An example is a vehicular accident. You could sue the other person for reckless driving and have him or her pay for the damages. It also makes it easier if there is proof that the other party is a t fault and you have the evidence to back it up. This is what you call Personal injury.
There are two types of damages that the victim can claim under personal injury. These are special damages and general damages. Special Damages must be proved by the party claiming, they are not assumed by a court. Losses that are particular to your case, for example, damage to your car in an accident or an injury that prevents you from playing your favourite sport. These are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages. While general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress.
Can the plaintiff seek both special and general damages?
An injured person can seek both general and special damages. In a personal injury case involving physical injury, the plaintiff will seek to recover money for medical expenses. If the injury caused the plaintiff to miss work for a period of time, he or she can seek additional money for lost wages. Serious physical injuries can be accompanied by pain and suffering, which is categorized as general damages. In another car accident example, a person injured in a car accident can recover medical expenses for a broken back and pain and suffering for living with a body cast for an extended period of time and experiencing on-going pain. If you want to make a claim for pain and suffering, there are several factors that will affect your negotiating leverage.
Formal Lawsuit for Personal Injury
Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the plaintiff) files a civil complaint against another person, business, corporation, or government agency (the defendant), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as filing a lawsuit. Our discussion on negligence and proof is especially helpful.The decision of when to serve the defendant, and therefore when to start the expensive and stressful activity of a lawsuit, depends on whether settlement negotiations are making any progress. If they are not, your lawyer may feel that proceeding with a formal lawsuit is the only way to pressure the insurance company enough to get a reasonable settlement offer. A decision about beginning the lawsuit process should be made jointly by you and your lawyer after a thorough conversation about the pros and cons.
Informal Settlement in these cases
A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.Those discussions and negotiations take place between the injured party and one or more insurance companies representing the party or parties who caused the damages or injury. The injured party’s insurance company, if any, will also take part.Next, if the insurance company representing the party at fault denies the claim asserted by the injured party, then the injury or accident victim must file a lawsuit to advance her claim.
This is a simple guide for those who are curious how personal injuries work. It may happen to you or anyone you know. When it comes to these cases, the plaintiff must be adamant in getting what is rightfully theirs especially if the defendant appears to not care.