If you have been involved in an accident or suffered injury due to someone else’s negligence, you could be entitled to substantial compensation. A personal injury claim can be frustrating, scary and confusing, especially as you try to recover from your injuries. That’s why it’s always in your best interest to at least talk to a Dallas personal injury lawyer for help. He or she can listen to your situation and determine if you have a case. Indeed, an experienced personal injury attorney will fight for your rights and take all steps possible to maximize your financial recovery.
Compensatory and Punitive Damages
There are two types of “damages” and they are known as compensatory damages and punitive damages. Compensatory damages are determined based on the total amount of your medical bills and property damage are the costs to repair or replace property (car, dwelling, etc.). Sometimes other factors are taken into account, such as pain and suffering which are hard to assign a dollar amount to, but can be calculated based on a variety of factors. Punitive damages may be awarded by a court if it is deemed that a defendants actions were so heinous that they went above and beyond and should result in a monetary settlement extending beyond that generally awarded for compensatory damages alone.
In order to win a claim, the attorney representing you (the plaintiff), must prove the following:
- Duty of care: The truck driver had a responsibility to uphold the laws of the road.
- Breach of duty: The truck driver breached this duty by not following these laws.
- Causation: The truck driver’s breach of duty caused the plaintiff’s injuries.
- Damages: The plaintiff’s injuries require financial compensation to satisfy damages.
How are damages calculated?
Compensation, often referred to as the “settlement” is based on a multitude of factors, some of which are listed below. In addition, additional compensation may be awarded if it is deemed lawful to punish the negligent driver(s) responsible for the accident. The Law Office of Brian Brunson will consult with you to determine which factors are applicable in your specific claim and how much compensation you may be owed.
Settlements are based on the severity of the wreck and the costs stemming from the accident. These costs include:
- Property Damages – Vehicle repairs can cost thousands and you’ll likely need a rental car while yours is being repaired. But, the overall cost of an accident goes far beyond property damage.
- Medical Bills – The average cost of an emergency room visit is well over $3,000 and inpatient hospitalization following a motor vehicle crash can end up costing more than $50,000.
- Lost Wages – When you’re in an accident and can’t work, how are you going to pay your bills? Who is your family going to depend on if you suffer a short-term injury or long-term disability?
- Pain and Suffering – Vehicle repairs, medical bills, and lost wages can reek havoc on your life and well-being, and often cause emotional strain more damaging than an actual physical injury.
How much money will I be awarded?
Your attorney will be able to inform you in regards to how much total compensation you may be owed for things such as vehicle repair costs, medical bills, lost wages, etc. Every case is different and many factors go into determining a settlement amount, or if your case should go to trial.
To begin calculating how much you may be owed for your accident, visit RateMyCarWreck.com