What Do the Courts Look At When Determining Compensation?
Personal injury cases are always unique from the last one, but the court system has decided there are specific injury damages that can be claimed when cases are actually filed. While many injury claims are settled long before they become a legal filing, the attorneys and benefits providers use the court policy in determining an equitable settlement.
Financial damages resulting from a personal injury are assessed according to the degree of negligence attributed to the party at fault, with those being categorized as compensatory and punitive. Compensatory damages are the standard financial awards, but punitive damages can also be assigned by a jury following a trial in cases of gross negligence.
Knowing what can be claimed is vital to any compensation case, which is why it is so important to have an experienced Texas personal injury attorney like The Law Offices of Tyler and Peery in San Antonio representing your case.
The first element of a personal injury case is the special damage assessment of the medical bills generated by the injury. This includes all medical treatment appointments and procedures as well as compensation for rehabilitation sessions, as well as those needed later on.
These recoverable items can be calculated by combining all documentation resulting from medical treatment until the injury is rehabilitated as much as possible to arrive at a total dollar amount.
Another special damage component of a personal injury is compensation for the inability to work. When disabled individuals are injured, this may not apply. For those who are unable to work, not only can the amount of income missed by the injury be claimed, but those who can return to work in a lower paying capacity can often claim compensation for the reduced rate of pay had the injury not occurred.
Individuals who are not employed but are looking for work could also have a reasonable claimable amount assessed for inability to work if it could be obtained. For those who suffer long-term injuries or become disabled, this could be a considerable amount of compensation when an entire career is evaluated.
The most valuable element of a personal injury claim is commonly the general damage award for pain-and-suffering and ongoing physical problems associated with the injury.
The seriousness of the injury and the age of the victim typically control this benefit amount, and often general damages are the reason a plaintiff attorney will opt to take a case to trial for whole damages when the insurance provider is not willing the negotiate a claim settlement in good faith. Punitive damages could also be the result of a jury trial when a sympathetic jury finds the defendant guilty of gross negligence.
Contact The Law Offices of Tyler & Peery
Always remember that a personal injury claim can be much more valuable than realized when all claimable items are evaluated for compensation. Studies have shown that the typical injured victim can receive up to three times more compensation with an attorney than without.
If you’ve been injured in the San Antonio area, don’t hesitate to call The Law Offices of Tyler & Peery for seasoned and comprehensive representation. Our legal team will fight in and out of court to help you obtain the full and just compensation you deserve.