There are many types of cases that can be taken by a personal injury attorney including motor vehicle accidents, medical malpractice, wrongful death, workplace accidents, slip and falls, premises liability, products liability, and other cases involving nursing home abuse, aviation or water vehicle accidents, animal and dog bites, and more. Generally you would use a personal injury attorney when you have suffered bodily or mental harm, or if you lost a loved one due to someone else’s negligence and are looking for some sort of compensation.
Compensation by the person who engaged in negligent behavior, known as the defendant, to the person that sustained physical or psychological injuries, known as the plaintiff, can come in many forms. Compensation could be financial compensation for present and future medical bills, lost wages and future earnings, pain and suffering, loss of normal life, and other damages incurred. Specifically in the occurrence of a wrongful death, the damages include funeral and burial expenses, pre-death medical care expenses, emotional distress of surviving loved ones, financial contribution losses, loss of services and support, and loss of companionship and consortium.
Punitive damages in personal injury cases occur in a small number of cases and although the damages are awarded to the injured plaintiff, they are often geared towards punishing a wealthy defendant when the negligent act was deplorable. Punitive damages are also known as exemplary damages because the punishment is to act as a deterrent to the defendant and other people from doing a similar wrongful act. Punitive damages, however, cannot be given if there was a breach of contract, in the event of corporate error, or if the victim dies. They may be given in cases regarding aggrevared battery, sexual assault, or fraudulent behavior resulting in a large amount of financial loss.
It is the job of the personal injury attorney, like a personal injury attorney in Arlington, TX, that you are awarded and receive the maximum amount of monetary compensation for all of the damages. They also help during the collection process once a settlement has been made or once a court decision on compensation has been reached. If the defendant is not willing or is unable to pay the debt in its entirety, the attorney will find ways to make sure the plaintiff is fully compensated whether it is through wage garnishment, discovered undisclosed assets, placing liens on property, or partially settling it with the defendant’s insurance company.
Thanks to Brandy Austin Law Firm, PLLC for their insight into personal injury cases.