Variables Among Personal Injury Lawsuits
All personal injury suits are different and no Plaintiff has identical suffering to another’s. That’s why the types of suits filed and what combination of allegations in every individual case varies so greatly.
Compensatory suits, intended to compensate the injured Plaintiff for losses in the accident or injury, put a dollar figure on all of the consequences of an accident. The monetary value on something quantifiable, such as damage to personal property, is easier to gauge than pain and suffering or subsequent physical limitations. Property loss is the most “black and white”, easy to quantify type of lawsuit that a Plaintiff can file.
More complicated types of lawsuits include personal injury cases involving medical treatment. Medical treatment personal injury cases include compensation for the cost of medical care associated with the accident or injury. It will also include an estimated cost of medical care needed in the future because of the accident.
A loss of income suit is also easily quantifiable. That is the impact of the accident on your salary and wages. This “loss of earning capacity” takes into account the figure already lost and an estimate of future losses.
Settlements become a little more complicated when dealing with damages for pain and suffering or emotional distress. These types of suits literally put a price tag on pain and serious discomfort, or emotional distress linked to more serious accidents. This distress covers the psychological impact and any ensuing sleep loss. Meanwhile, loss of enjoyment damages are awarded to the victim in order to compensate for any inability to enjoy hobbies and activities that the victim formerly enjoyed.
A personal injury Plaintiff may be awarded punitive damages in addition to any compensatory damages award. Punitive damages are intended to punish the Defendant for his or her conduct and to act as a deterrent to future behavior.
No two personal injury cases are alike. Though two different victims may be filing suits for a common reason, such as an auto accident due to negligence, not only will the financial impact most likely differ between two different victims, so too will the emotional toll.
At Andruschat Law Firm, we recognize that each client has a unique claim and we treat each client as if he or she was our only client. Call us today – you will be glad you did!