When someone’s negligent or deliberate actions harm you, it is known as a personal injury. Unlike damage to property, personal injury involves harm to an individual, which can be physical, emotional, or mental. Demonstrating negligence as the cause of your injuries allows you to seek compensation from the at-fault party.
A St. Matthews personal injury lawyer from Whetstone Perkins & Fulda could help you determine whether you have a valid claim and guide potential settlements and damage awards. Get in touch with our seasoned legal team today to learn more.
Damages Available in Personal Injury Claims
The role of damages is to make a person whole and restore them to the position they would have been in if the injury had not occurred. While the courts cannot undo an injury, they can compensate harmed parties through monetary awards known as damages. These reimburse financial losses and non-monetary injuries.
Economic Damages
If the injury resulted in medical expenses, the responsible party must cover those costs, including any future related medical bills. Missing work or experiencing a diminished earning capacity can be financially devastating. Economic damages can reimburse an injured party for these lost wages. In addition, property damage, such as a damaged vehicle, can be made up financially.
Non-Economic Damages
Assigning a monetary value to non-economic damages is more complex. Estimating compensation for pain and suffering, emotional distress, and loss of companionship is subjective. Generally, the more severe and life-altering the injury, the higher the non-economic compensation award
Punitive Damages
Awarding punitive damages, which act as punishment to discourage similar behavior in the future, is less common. A court may impose them when the responsible party’s conduct is particularly egregious. A St. Matthews attorney could help assess and guide personal injury claims that justify these damages.
Understanding the Duty of Care and Breach of That Duty
The concept of a reasonable person is central to negligence, which is the foundation of many personal injury cases. To succeed in your claim, you must show that the person responsible for your injury did not behave as a reasonable individual would.
In some instances, personal injury claims depend on someone’s criminal actions. For example, if a person commits murder, the deceased’s family could file a wrongful death lawsuit. In this case, the act of murder forms the basis of the claim.
Similarly, reckless driving is considered unreasonable behavior if speeding causes a car accident. Both actions violate the law, but not all personal injury claims arise from criminal acts. For example, it is not against the law to have a loose rug in your household, but you could still be liable if someone slips on it and injures themselves.
In other cases, personal injury results from inaction. An example of this includes failing to clean up a spill, which can lead to a slip-and-fall. Neglecting property maintenance, not addressing hazards, or failing to control dangerous animals are also forms of inaction that can cause harm.
If someone’s behavior causes injury, the hurt party may be entitled to compensation, whether due to action or inaction. A personal injury lawyer in St. Matthews could assess the situation and advise their client on potential claims.
Speak With a St. Matthews Personal Injury Attorney Today
Personal injuries can be devastating. Many individuals file personal injury lawsuits to help mitigate the adverse effects of an accident and improve their quality of life.
A St. Matthews personal injury lawyer could evaluate your situation and determine whether you have a claim. They could advise you about your potential remedies and possible settlement range. Schedule a consultation to explore your options and get the guidance you need.
