Types of compensation in personal injury settlement
If the actions of another person caused you damage, whether that is to your body as an injury, damage to your property, or other monetary loss, then you can seek compensation from them. Legally, this is referred to as “damages’’. In any case that a Bakersfield personal injury lawyer will try, damages are mostly in two forms:
This kind of damage tries to compensate the person who sustained the injury by making them whole for their costs, including their medical, auto repair, or other costs. This is the more common form usually awarded.
Punitive damages are a relatively rarer form of damages, and are not related to the nature of the type of harm, but rather to punish the defendant for their behavior. It is not intended for the benefit of the victim, but rather to make the wrongdoer aware of their actions, and serve as a warning to others.
But this is not the entirety of the vast spectrum of compensatory damages that you can seek with the help of a personal injury attorney in Bakersfield, provided you have the basis for it. In fact, there are many different kinds of compensation that someone can be eligible for, depending on their circumstances. Let us explore some of them.
General Compensatory Damages: Non-monetary damages that are incurred due to an injury, such as
Pain and suffering
Lasting emotional harm
These are meant to address the collateral damage of an injury, and are generally awarded to most injury victims.
Punitive Damages: Punitive damages are rarer than the rest, and are only awarded in extreme cases. For example, situations like a particularly gratuitous act of violence, or when a defendant causes widespread harm, are when juries are most likely to award punitive damages.
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Damages for Wrongful Death: When an injury results in a death, a wrongful death claim filed by a Los Angeles personal injury lawyer can help the next of kin and surviving family. These damages include all the costs associated with the death of a family member, such as
Cost of hospice care
Therapy for surviving members
Loss of earnings
Special Compensatory Damages: These damages are a direct result of the costs associated with the injury itself. They are meant to make sure that the victim didn’t suffer any permanent loss due to the incident that caused their injury. There is no limit to the amount that this can go to, so get the best personal injury attorney in Los Angeles on the job so that you adequately explore all options.
How soon does the plaintiff receive damages after the conclusion of the case?
Once the settlement is final, or the judgment in court has been made, the plaintiff is authorized to collect damages. However, the actual collection of the money is a completely different wheelhouse altogether. In an ideal situation, as soon as the judgement is reached the plaintiff should get their money. This is not always the case, because sometimes the defendant either may not be able to pay the amount, or might be unwilling to do so. In either of these cases, a personal injury attorney in Los Angeles can help you move along the process, by either putting a lien on property or garnishing their wages. This will ensure that all damages are paid in full, and then you can move on with your life.
These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.
Greg Kirakosian of Kirakosian Law is a Los Angeles Car Accident and Personal Injury attorney. As an attorney with years of experience, Greg Kirakosian has been featured on TV and Publications across every medium and platform of note. For appearances, please contact firstname.lastname@example.org.