Tort law covers personal injury laws. This means that the case is heard in civil, rather than criminal court. The purpose is to ensure victims are able to be financially compensated for losses they have sustained as a result of the negligence of a third party.
Personal injury rules can apply in a range of situations, including:
Personal injury laws mainly stem from common law rules. These laws have been made by judges, rather than by statutes or bills. However, each state has its own common law, so there are some notable differences. At the same time, the Restatement of Torts offers national guidelines.
At the same time, some statutory laws also exist for personal injury cases. A good example of this is the workers’ compensation law. Furthermore, all states have a statute of limitations in place, which decides how long after an injury someone can make a claim.
Every accident is different, which is also why it is hard to put firm guidelines in place in terms of personal injury damages. However, there are a few standard steps that will be involved. These are:
Plaintiffs may seek compensation for the damages they have sustained as a result of an injury. There are two categories of damages that can be awarded:
As soon as a settlement is reached or, if it goes to court, a judge had awarded damages, the plaintiff is entitled to them. However, actually collecting them can take a long time. This is often due to the fact that defendant may not have the money to pay for the damages owed. Generally speaking, interest will accrue until it is fully paid. In cases where liability insurance exists, the insurance company will be responsible for the payout.
The most important thing in terms of valuing the damages you may be awarded is how bad the injuries were. You will almost always be awarded the special compensatory damages to cover you for actual financial losses as a result of the accident. The valuation bar, however, is generally set based on the type of accident.
It is very difficult to put a set amount for an injury, not in the least because most people will sue for pain and suffering. Most insurance companies have now created algorithms that relate individual injuries to reasonable pain and suffering.
Unfortunately, there is no scientific method to determine this. Hence, different categories have been created. It is hoped that this will make the awards process fairer overall. Hence, there are:
Calculating the exact amount you will receive following a personal injury claim can be very complicated as so many factors come into consideration. The “special damages” are usually easiest to work out, as they can be underpinned by receipts and wage slips. Other damages, however, are more complex. This also demonstrates why it is so important to seek good legal advice if you have sustained an injury.
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