One of the primary functions of the law is to protect people from harm. Criminal laws provide punishments, such as fines and jail time, for intentional or reckless behavior. Civil laws hold the wrongdoer financially responsible when they hurt someone—an action known as a personal injury.
Evaluating whether you have a legitimate case and providing guidance on potential settlements and damage awards is the job of a Calhoun County personal injury lawyer. Contact Whetstone Perkins & Fulda today to learn more.
What is a Personal Injury?
Unlike property damage, personal injuries refer to physical, emotional, or psychological harm inflicted on a person. Proving that someone else is liable for your injuries enables you to pursue compensation—also known as damages—from the at-fault party.
Calculating your economic and non-economic losses lets a court determine the compensation you need to recover after an injury. When the at-fault party offers a settlement, they base it on the amount the court would likely offer, minus expenses and the time value of money lost during litigation.
The Role of Damages in Personal Injury Cases
Compensation for personal injuries revolves around the concept of wholeness. Making an individual whole means returning them to the state they would have been in if the injury had never occurred. While courts cannot reverse time to prevent the injury, they can offer financial compensation to parties through monetary awards called damages. Ideally, the financial compensation would equal the value of the person’s losses.
Compensatory damages serve two functions: they cover financial losses, known as economic damages, and they address non-monetary injuries, referred to as non-economic damages.
Economic Damages
Economic damages are more straightforward—they involve reimbursing expenses like medical bills, including any future medical costs related to the injury. Calculating economic damages includes direct and indirect losses, such as lost wages, reduced earning capacity, and property damage.
Non-Economic Damages
Assigning a financial value to non-economic damages is more challenging. Subjective experiences are unique to each individual, including:
- Disfigurement and scarring
- Pain and suffering
- Emotional distress
- Loss of enjoyment in life
- Loss of companionship
A personal injury lawyer in Calhoun County could estimate a settlement range for a particular type of injury and pursue fair compensation on a client’s behalf.
Punitive Damages
Punishing and deterring similar misconduct are the two goals of punitive damages, which are much less frequently awarded. However, the court may impose them if the responsible party’s behavior is particularly outrageous. An attorney could examine the circumstances behind an injury and advise whether punitive damages might be available.
The Duty of Care and the Reasonable Person
The duty of care helps determine whether someone is negligent. To succeed in most personal injury claims, you must demonstrate that the party responsible for your injury failed to act as a reasonable person would in that situation.
Whether their behavior is reasonable depends on the duty of care that they owe you. Although this standard might appear subjective, determining whether someone’s behavior was reasonable depends on many objective factors like societal norms, regulations, and laws.
In some cases, personal injury claims involve wrongful actions. These can be criminal, violate legal standards, or violate reasonable person standards. Inaction can also lead to personal injuries.
Whether due to action or inaction, if someone’s behavior results in injury, the harmed party may be entitled to compensation. A personal injury lawyer in Calhoun County could evaluate the situation and advise you whether you have a potential claim.
Talk to a Calhoun County Personal Injury Attorney
Recovery from a personal injury can be overwhelming. You may be struggling with physical pain, emotional trauma, and tremendous financial stress. The combination of these can impact your quality of life in the short and long term. Many pursue personal injury lawsuits to alleviate these effects and enhance their well-being.
Schedule a consultation with a Calhoun County personal injury lawyer to learn more. We could evaluate the facts of your case to determine whether the other party is at fault and discuss potential remedies.
