Personal Injury Attorneys: Getting What You Deserve

When More Compensation Is In Order After An Accident

6 May 2020

Laurie Flores

Becoming the victim of carelessness is bad enough. You could feel even worse, though, if the harm that came to you is the result of negligence. The difference between carelessness and negligence centers is about intent. When a person intentionally makes a decision that ends up causing another harm, that is negligence. When people are harmed, they might be eligible for compensation. In some cases, that compensation can be increased if the defendant is thought to have intentionally caused you harm. Read on and learn more about these two facets of personal injury compensation.

What Type of Compensation Are You Entitled To Receive?

Basic personal injury cases usually involve asking to be paid for damages. Damages can include economic needs like medical expenses, lost wages, and lost personal property. Along those same lines are non-economic damages. This category of damages is usually based on physical injuries and can equal several times that of your medical expenses. For example, if you are hit by a careless driver and incur $100,000 in medical expenses, your pain and suffering payment might be anywhere from $200,000 to $500,00 or more depending on the severity of your injury.

Settlement or Court?

If you are able to come to an agreement with the other party, a quick end to the case might be possible. Settlements mean a payment of damages and helps you avoid having to take the case to trial. Settlements, though, are not always in the plan. If you are not able to agree on a sum for the settlement or if there are other issues in contention, the case may need to be litigated in court.

When Intent is Involved

Circling back to the carelessness vs. negligence issue, intent can add a major factor to the trial. If appropriate, the judge has the power to amend the lawsuit to include what are known as punitive damages. When they are called for, punitive damages apply to cases where intent to harm can be shown. Here are a few examples:

1. A driver caused a wreck and you were injured. The driver was texting at the time of the accident.
2. While shopping at a business, you slipped down and fell. The business failed to clean up a spill in a reasonable time. As the trial proceeds, it becomes apparent that the owner has a history of not cleaning up spills and of customers being hurt as a result.

Punitive damages can double or triple the amount of monetary compensation you originally asked for. To find out more about damages, compensation and more, speak to a personal injury lawyer.

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