Every year millions of people are injured in personal injury accidents. Such accidents include car accidents, medical malpractice cases, dog bite cases, etc. When these accidents are because of negligence the victim can be paid compensation for their losses.
Before a victim can be paid for their losses they must show that the accident was caused by negligence. Most personal injury cases are based on the legal theory of negligence. According to the Cornell Law School Legal Information Institute negligence is defined as:
“failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.”
Compensation For Losses
The victim may be entitled to financial compensation for the following types of damages:
- Property damage – where an accident involves the property damage or loss. Such as in a car accident the victim may be entitled to receive compensation for the property that they lost. This can include the vehicle itself or what was in the vehicle.
- Medical expenses – the victim may be entitled to compensation for a visit to an emergency room, doctor, physical therapist and prescription costs. Additionally, the victim may also be entitled to medical expenses to be received for future treatments that may be anticipated.
- Emotional distress – this is compensation for psychological treatment that a victim may undergo. However, it must be noted that emotional distress is not physical injuries.
- Lost wages – if the victim missed time at work or used up their vacation time to recover from their injuries. Or if the victim missed time at work to receive treatment he or she may be compensated for lost wages.
- Pain and suffering – these damages are usually not quantifiable and are subjective in nature.
- Disability – this is for loss of earnings if unable to return to their line of work.