Monday, September 12, 2005


Lawsuits are filed not only to gain justice but also to recover a just amount for the injuries suffered by a victim. The question now is, how does one evaluates damages and injuries and then converts it in monetary terms? The first thing to consider is the degree of responsibility of the offender to the person whom she or he has injured. There should be a negligent action on the part of the offender and the same negligent action must be the immediate cause of the injury. Likewise, there should be no other factor that intervenes during the event or the accident.

And after the elements of tort are established which are the duty, breach and the causation, then commence the process of determining the rightful amount of the damages suffered by the victim. The determined amount will now be the basis for the compensation that must be paid to the injured party.

The common damages that are usually experienced by injured individuals are as follows: costly medical expenses, rehabilitation therapy, lost wages, pain and suffering and punitive damages. The medical expenses include doctor’s fee as well as the other hospitalization expenses while the rehabilitation therapy pertains to the cost of hiring other people to assist a victim in returning to the same physical condition which was damage during the negligent act or omission. The lost wages refers to the earnings that should have been earned if only the victim is well and working. The pain and suffering refers to the hurt that the injured party is experiencing as a result of the negligence of the offending party. In terms of the punitive damages, this type of damage is assessed based on the reckless behavior or the irresponsible behavior of the offending party.

Lastly the expertise of a Personal Injury Lawyer is required in order to ensure that you win the case and then get the rightful amount of compensation for your personal injury case.