There are so many different elements that go into a lawsuit you can read about some of them in our previous blog. However, the most important to the customer is normally compensation. There are three main types of personal injury compensation involved in a personal injury case that one may obtain.
- Special Compensation-This type of compensation covers the quantifiable financial harms suffered by an accident victim. It often includes expenses such as medical bills, lost earnings, expected medical treatments and household expenditures.
- General Compensation-General compensation takes care of the non-monetary injuries which include mental anguish, distress, anxiety, grief, pain and suffering, and loss of companionship. The last element, loss of companionship, is the emotional pain associated with the loss of a loved one. The use of a testimony or statement is one great supporter for establishing that these injuries do in fact exist.
- Punitive Damages-Lastly, there are punitive damages. This type of compensation is intended to punish the wrong-doer. It is usually reserved for cases in which defendants were engaging in extremely dangerous behavior such as drinking and driving. These damages are subject to limitations in all cases except legal malpractice. Punitive damages may only be awarded is actual damages are also ordered. If you are planning to seek punitive damages, you must prove that the defendant’s actions were reckless. The most common time we use punitive damages at The Casto Law Firm are with drunk driving cases. It is normally quite easy to prove recklessness with the defendant is cited with a DUI following an accident.
In most personal injury cases, the plaintiff (or injured) can claim more than one of these damages. Because each claim is complex, we require proof for each element specifically. For example, upon your first consultation with Mr. Casto, he wants to hear how this injury has affected your life specifically. Normally this is asked to fulfill the general compensation element. That way he can pinpoint the exact areas you have been affected. As far as special compensation, we collect all medical bills. We also have specific forms for your employer to complete for lost wages. Punitive damages is a unique compensation and normally comes easily with a police report or personal testimony.
If you have been injured in an accident, Casto can take you from victim to victory! Give us a call today (706) 940-4002.