There are a lot of incidents around the world where one might sue the other for being harmed because of that person might be legally responsible for that harm. Of course, people don’t want any mishaps or accident to happen to them or their loved one and it’s their decision if they want to take any legal action. It is better especially if it has been reported to happen many times already, because it’s not just your safety but also other people’s safety too.
Personal injury can happen at any time and at any place. It can be as simple as accidentally overdosing on a prescription drug that was given by a doctor. It can literally kill you or bring you serious injury. In these cases, the victim could be compensated for a lifetime of injuries. Damages cannot be undone so compensation is a must not only on the physical injury but also on the impact of that injury to the person’s future.
How Damages affect the Defendant
Compensation for causing loss or injury through negligence or a deliberate act, or a court’s estimate or award of a sum as a fine for breach of a contract or of a statutory duty. Types of damages include General: damages that are presumed in law and follow indirectly from a wrong. They need not be specifically-claimed or proved to have been sustained, and are awarded also where an injury or loss (such as physical pain and mental anguish) cannot be precisely estimated. Special (or specific): damages that are not presumed in law and are a direct result of an action or injury, such as loss of earnings, medical expenses, and repair bills that can be assessed with fair accuracy.
Special Damages, what is it?
Special damages financially compensate the injured person for losses suffered due to the defendant’s actions. Special damages are out-of-pocket expenses that can be determined by adding together all the plaintiff’s quantifiable financial losses. However, these losses or expenses must be proven with specificity. Using another car accident example, the at-fault party (or his or her insurance company) is liable for the value of the other driver’s totalled car. The value of the car can be established pretty easily and falls into the category of special damages.Special damages can include medical bills, repairs and replacement of property, loss of wages and other damages which are not speculative or subjective.
How about General Damages?
General damages are losses that are difficult to quantify, or which cannot be specifically proven with a receipt. For instance, the cost of medical bills after a terrible accident can be proven with receipts from medical providers. Pain and suffering resulting from serious injuries cannot. As an example, general damages in a breach of contract action may be awarded for losses that cannot be readily quantified, such as a presumed loss of business because one party breached the contract. Examples of general damages can include financial compensation for pain and suffering, or for a shortened life expectancy.
If you ever get into an accident and you know too well that you are not at fault, just remember what was written here in order for you to identify which type of damage was caused so that you can get the right compensation for the harm that was done to you or your loved one.