You may be entitled to personal injury damages if you prove that the defendant was negligent and the defendant’s negligence caused you to suffer injury or harm.
Burden of Proof
In order to obtain compensation, your attorney must prove your damages by a fair preponderance of the evidence (or in other words, when all of the evidence is weighed that the matter is more probably true than not).Download Our Personal Injury Guide
Purpose of Awarding Damages
The purpose of personal injury damages is to restore you to the position you would have been in had the wrong not occurred. The purpose is not to reward you or punish the defendant.
Personal Injury Damages
Personal injury damages for which you may receive compensation include:
- Physical pain and suffering including past, present and future pain and suffering which is proved with a reasonable medical probability.
- Mental and emotional pain and suffering (nervous shock, anxiety, embarrassment, depression, and/or mental anguish) including past, present and probable future mental and emotional pain and suffering.
- Permanent injuries including permanent scarring, disfigurement or loss of bodily function.
Loss of enjoyment of life in the form of work, play or family life.
- Medical expenses incurred by the plaintiff as a result of his/her injuries including the reasonable sum for medical expenses that are reasonably to be expected in the future.
- Loss of earning capacity incurred as a result of the accident including any future probable loss of earning capacity.
- Aggravation of a pre-existing condition.
- Loss of consortium (relationship with family members) which may be pursued by a spouse, child or parent of a person injured in an accident.
Value of Your Case
The value of your case is largely dependent upon the severity of your injuries, whether they are of a temporary or permanent nature, and the impact on the quality of your life.
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