Personal injury cases are those which involve a person's negligence in providing due diligence. Examples of these cases include vehicle accidents, drowning, workplace accidents, and medical malpractice.
Victims of negligence can sue the person liable for their injuries and losses with the help of a Los Angeles personal injury attorney who can successfully establish their claim. These experts will also help the victim determine the damages and the amount of compensation he should receive.
Determining these damages, however, is not as easy as it seems. In some cases, the victims do not get the full amount that they are entitled to as they overlook other compensatory damages that they can get from the liable party.
So, it is important to have a good lawyer who can determine whether his client has a claim on:
- Special damages â€“ In any accident, the victim almost always ends up with injuries and property damages. Special damages pertain to the economical losses which are measurable in the actual amount of the loss. Examples would include the victim's hospitalization expenses, repairs of his damaged property, and his lost earnings.
- General damages â€“ Unlike the special damages, these are non-economic losses which cannot be measured using an actual loss. The victim's pain and suffering, his inability to perform certain function because of his injury, and the mental or emotional anguish from the accident are some of the general damages that can be claimed from the defendant.
- Nominal damages â€“ In cases where the victims are lucky enough not to sustain an injury or an actual loss, he may still receive compensation from the accused. Nominal damages are granted to victims as a way of acknowledging the wrong done unto him by the defendant.
- Restitutionary damages â€“ This strips the offender of the gains he made by committing the wrongdoing. For example, an employer who jeopardized the safety of his employees for his own personal gain should pay restitutionary damages to his injured worker.
- Punitive damages â€“ These aims to reform, or to discourage the accused from doing similar negligent act which has resulted to a serious accident. Since these damages are awarded to the victim aside from the general and special damages, not all personal injury victims can receive them. Generally, they are awarded in tort law cases and not in cases involving breach of contract.
Aside from determining the probable damages that can be sought, Los Angeles personal injury lawyers can also point out the liable parties in the accident.