Personal Injury, Wrongful Death, & Survivor Damages
Personal Injury Lawyers - Types of Damages and Apportionment of Damages
When you or a family member are injured by someone else's negligence, you have a right to recover money damages. While money alone can never truly compensate you for the injuries you receive or especially for the loss of a loved one, the purpose of personal injury law is to try to bring you as close as possible to how you were before the accident. Be that as it may, money is the only legal remedy available in these difficult situations and you should receive monetary damages for your loss. Personal Injury Lawyers and Wrongful Death Lawyers are experienced in assessing monetary awards and know what type of a settlement or award you might be able to expect from your claim.
When someone is killed and the surviving family members believe a lawsuit may be in order, a wrongful death lawyer can help them assess the legal issues and prepare necessary documents and expert witnesses for trial. wrongful death attorneys will first assess who the proper parties are to make a claim.
Situations that may reduce or bar recovery:
A legal doctrine called Comparative Fault can reduce your recovery.
In many trials, the accident victim is actually found to be partially at fault for causing the accident. A common example would be a car crash where both drivers did something wrong, but one is more at fault. When an injury occurs, a court determines the fault of every person who was responsible in any way. The amount of fault is measured in percentages. Damages are reduced by the percentage of fault assigned to the victim in most states. A select few states use a system called Contributory Fault. In these states, even the slightest fault on the part of the victim prevents any recovery.
You may not be able to recover anything if you wait too long.
All states have something called a statute of limitations. A Statute of Limitations (SOL) means that you only have a limited time to initiate a lawsuit after you are injured. In general, the time limit for personal injuries can range from one to six years, depending on the state. Contacting a Personal Injury Lawyer as soon as possible is always a good idea. If you have been injured, you should seek immediate medical care and then contact a Injury Attorney:
What are some common types of injuries for which residents may be compensated?
Back, Neck, & Spinal Injuries - Spinal cord injuries are the most common injuries seen in car accidents and work related injuries. This is because the spinal vertebrae, soft tissue, discs, and ligaments extend from the base of the skull all the way down to the hips and are especially vulnerable to auto accidents, other high velocity impacts, and repetitive motion and occupational injuries. There are a wide array of spinal injuries including:
- (a) Whiplash or back and neck strain;
- (b) Herniated Discs - Usually diagnosed by a cervical MRI (magnetic resonance imaging) or a Lumbar MRI. Herniated discs can also be diagnosed by a T scan (computed tomography) and/or a Cervical or Lumbar Myelogram. Surgical options may range from a laminectomy to a removal of the disc and a fusion. If you have suffered a herniated disc, you should pursue necessary medical treatment and contact a area personal injury attorney;
- (c) Paraplegia or Quadriplegia - In Truck Accidents, and other serious accidents, the trauma to the spine can result in a severe injury to the spinal cord. Depending upon the level of trauma, the result can be horrific and sometimes even permanently disabling. A victim may be paralyzed from the waist down or from the neck down, depending on the specific spinal injury involved.
- Brain Injuries - Brain Injuries range from extremely noticeable to very minor; however, despite the severity of the brain injury, it can affect your ability to perform a variety of daily tasks. Memory, motor function, or other complicated neurological processes may be compromised or fully destroyed. If you believe you may have suffered a brain injury, you should contact a doctor as well as one of the experienced personal injury attorneys listed above.
- Burns - Burn injuries can happen anytime, anywhere in and they can change a person's life forever, leaving painful, difficult-to-mask scar tissue and, many times, requiring painful skin grafts.
What types of damages can be recovered when someone is wrongfully killed?
When negligence leads to a family member's death in there are multiple types of damages that can be recovered in most states. The first are called survival damages. Survival claims are claims by the family that were inherited when the decedent died. This means that the family can sue for anything that the decedent could have sued for between the instant he was injured and the instant he died.
The second category of damages stem from Wrongful Death claims. These damages allow the family to recover the damages they suffered as a result of their family member's death.
Personal injury attorneys and wrongful death attorneys represent clients in claims involving a wide range of injuries and accidents and have the experience and skill necessary to get the job done right.
Punitive Damages - What Punitive Damages can be recovered in ?
Unfortunately for those injured, most states only rarely allow punitive damages to be recovered. Some states never allow punitive or exemplary damages. Punitive damages are a legal device, which allows a court to warn others not to do the same bad thing that has been done to you. Punitive damages do not compensate you for any specific harm. They are designed to be a type of penalty which acts as a deterrent. One type of case where punitive damages are allowed are bad faith insurance cases. Read a discussion of Rejected Insurance Claim Lawyers . Read more about Punitive Damages Attorneys.