Thursday, December 3, 2015

The Damages Your Attorney Can File A Claim For

Accidents can happen at any time but that does not mean that you should be caught with your pants down. To make sure that you can easily give your attorney what he needs to file for a successful claim, you must arm yourself with the right information.

Types of Damages

Damages can generally be categorized into two – economic damages and non-economic damages. The former is typically filed when there is actual financial loss because of the injury. This could come in the form of medical bills as well as lost wages or salary. In the case of non-economic damages, the claim is made on the basis of non-monetary loss by the victim. This could come in the form of emotional distress, or pain and suffering.

When it comes to damages, you have to keep in mind that each state has their own damage caps. In most cases, the damage caps are applied on non-economic damages. For example, if you get injured in Los Angeles, you can only file for a non-damage claim if it was brought about by medical malpractice.

Punitive Damages

In cases of personal injury as a result of gross negligence, your attorney can also file a claim on your behalf for punitive damages. While allowed for plaintiffs of personal injury lawsuit, the primary reason for awarding it is to deter wrongful behavior on the part of the defendant, and not primarily to compensate the plaintiff for the injury. As with the other categories, the cap for punitive damages can differ for each state. In Florida, for example, compensation awarded is not allowed to go beyond $500,000.

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