Recovering Damages from a Personal Injury Claim

Personal injury lawsuits can be extremely complex, but the first step in every case is establishing that negligence has occurred. The evidence is provided to prove causation and then, the damages can be established.

In order for a plaintiff to recover damages in a personal injury lawsuit, they need to be able to successfully prove three things:

  • that the defendant was negligent
  • that the negligence was the cause of the plaintiff's injury
  • that the plaintiff's conduct was not negligent

Types of Damages Available in Personal Injury Cases

There are two types of damages available for recovery in a personal injury lawsuit – compensatory damages and punitive damages. Depending on the case, a plaintiff may be awarded both of these damages or just compensatory damages. The vast majority of personal injury cases award compensatory damages only.

Compensatory Damages

Compensatory damages are those that cover any economic damages a plaintiff might have accrued as a result of their injuries, including lost wages, lost future earning capacity, medical bills, and property damage. Certain non-economic damages are also included under compensatory damages. These can include damages for things like pain and suffering, embarrassment and humiliation, permanent disfigurement, and lost ability to enjoy the pleasures of life.

Punitive Damages

Punitive damages are damages that aren't related to the plaintiff's economic or non-economic losses. And, they're not always awarded in every case. These damages are issued in limited situations to punish the negligent party and they are most common in cases where the negligent party's actions were so reckless or hazardous that the court considers their actions to be a demonstration of malice or done so with intent to harm others.

Were You Injured in an Accident? Call Bain & Rodzik Today

If you were recently injured by another's negligence, call Bain & Rodzik's personal injury attorney in Wilmington NC today. We can review your case and help you determine if you have a case. We are here to help you. We are completely dedicated to our clients and we fight tirelessly to help them obtain the damages they need to make themselves whole again.

Call Bain & Rodzik now at 910-762-1199 to schedule a free initial consultation with one of our experienced attorneys. With Bain & Rodzik, you don't pay us unless we win your case.