It depends on your jurisdiction. In a few areas, individuals cannot recover compensation if their negligence partially contributed to their injuries. However, most jurisdictions maintain that victims can still receive compensation if they were partially at fault for their injuries. In these cases, the amount of compensation awarded to the victim may be decreased in accordance with the victim’s degree of negligence.
Before signing anything, be sure to contact a personal injury lawyer to ensure your rights are protected. If you sign a release, you may be unable to recover future damages. In some instances, the insurer may offer an early settlement, which may not fully compensate the victim, as he or she may still be unaware of the extent and future costs of their injuries.
When you win a lawsuit, a judge or jury often issues a monetary award in the form of compensatory damages. These damages are intended to replace what was lost and nothing more. In order to receive compensatory damages, you must prove that you have suffered a loss that can be monetarily assessed and measured by a judge or jury.
But your loss doesn’t have to be monetary in order to receive repayment. Nearly any kind of cost can be repaid through compensatory damages. Compensatory damages are often awarded in cases of physical injury, in which medical bills and missed time at work can be repaid. But courts will often weigh many kinds of injury that aren’t as straightforward, such as emotional distress.
Punitive damages are money awarded on top of compensatory damages, and they surpass the determined monetary value of your loss. These kinds of damages are rarely awarded, and their purpose is to deter the defendant from similar actions in the future. What counts as an act deserving of punitive damages is often vague and arbitrary, but fraud, bad faith, and an intent to harm usually make the list. For example, a car company that knowingly neglected safety issues in its car’s steering wheel could be ordered to pay punitive damages to the family whose son died in a car crash as a result of the faulty wheel.
Sometimes, people are lacking insurance coverage, or their PIP benefits have been depleted. When this happens, medical facilities and doctors will sometimes accept a “letter of protection,” which is a document allowing the patient to continue treatment without having to pay for it until a later date. Normally, there is no reimbursement made until the patient reaches a full recovery. It is essential that the client understands that if the case is not resolved in their favor, a letter of protection on file does not warrant them exemption from paying off their medical bills.
To have a viable personal injury claim, the victim must have been injured from the negligence of another individual or entity. Negligence occurs when an individual fails to exercise a reasonable standard of care for the safety of others. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.
Some questions that may be asked during a deposition may include the following:
An attorney can prepare you for a deposition by reviewing documents, such as police reports or medical records, which are related to your personal injury claim. He or she will also prepare you for questions that may be asked during the deposition, and will be there during the questioning to assist you.
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