Compensatory damages are losses that you can be awarded through a personal injury claim or lawsuit. Usually, they are divided into two categories: economic and non-economic damages. Some examples include medical expenses, pain and suffering, lost income, and loss of future earning capacity.
Examples of Compensatory Damages in a Personal Injury Case
If you were injured due to the actions or omissions of another party, our law firm can help you determine the value of your damages. You could be eligible to recover the following losses:
Depending on the nature of your condition, you could recover compensation for hospital stays, ambulance fees, prescription medications, in-home health care, assistive devices, and any other ongoing rehabilitation costs.
While difficult to quantify, you can recover compensation for pain and suffering, mental anguish, loss of companionship, disability, and disfigurement.
Lost Wages and Reduced Earning Capacity
If your injuries prevent you from working, you can recover compensation for any lost wages during your recovery period. If your condition will affect your earning ability in the long term, you can recover compensation for the loss of your future earning capacity.
You could recover other types of compensatory damages depending on the details of your personal injury case.
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What Situations Could Result in Compensatory Damages?
Many different types of accidents can make you eligible for compensatory damages. Some of these situations involve:
- Motor vehicle collisions
- Workplace incidents
- Defective products
- Medical negligence
- Slip, trip, or fall accidents
- Boating, cycling, or motorbike accidents
- Nursing home abuse
- Dog bites
- The loss of a loved one due to negligence
The aftermath of an accident can leave injured parties in pain, unable to work, and worried about their financial obligations. If you are facing these hardships, you could hire our law firm to take on the “heavy lifting” in your case.
You Need to Prove Certain Elements to Recover Compensatory Damages
To be awarded compensation, you will need to prove the following elements, as explained by the American Bar Association (ABA):
- Duty of care. This is the legal obligation placed on people or organizations to operate within reasonable standards and avoid causing harm or injury to others.
- Breach of duty. This involves proving that the other party failed to uphold their duty of care.
- You must be able to prove that the other party’s actions caused your accident and related injuries.
- You have damages resulting from the other party’s inability to uphold their duty of care.
Proving these elements requires evidence. The types of information that you will need depend on your situation. For instance, the police report, security camera footage, your medical records, and other supporting documentation could supplement your case.
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How Long Do You Have to Pursue Compensatory Damages Through a Lawsuit?
It is beneficial to consider your legal options quickly after getting hurt. Georgia has a deadline by which you must file your personal injury or wrongful death case.
Per OCGA §9-3-33, you generally have two years to initiate a lawsuit. However, the time limits can vary depending on your circumstances. By contacting our law firm in a timely manner, you grant us ample time to build your case and negotiate with the insurer.
While most cases are settled out of court, you want to keep your options open if any complications arise.
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When Should You Consider Getting Legal Representation?
Not every case requires legal representation; however, in certain situations, a personal injury lawyer could prove invaluable. The legal process can become complicated in cases where:
- The accident involves multiple liable parties.
- Your injuries have changed the way you live and your ability to work.
- The accident resulted in long-term or permanent injuries.
- The at-fault party is refuting blame for the accident, or liability is not clear.
- You are worried about how to negotiate with insurance companies.
- You are concerned about meeting your financial obligations because you cannot work.
- You are unsure if a settlement offer is fair (but have not agreed to it).
We can take on your case’s obligations while you focus on moving forward from your accident.
With Our Firm, There Are No Legal Fees Unless We Win
Suffering injuries or harm caused by someone else can be difficult to contend with. Whatever the circumstances of your accident, we take the time to understand the unique challenges and frustrations you face as a result of being injured by another’s carelessness.
Working closely with you means we can tailor our knowledge, experience, and resources in a way that equips us to:
- Give compassionate and comprehensive support from start to finish
- Provide clarity about the claims settlement process
- Remove the burden of managing a complex legal case
- Protect your rights and ensuring you are treated fairly
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We can calculate the value of your compensatory damages and fight for the full value of your losses. You might even be able to recover compensation for losses that you didn’t even know about.
To find out more about our services and how we can help you today, call Kaine Law.