The sole purpose of personal injury law is to deal with compensation of an emotionally or physically injured person. While there are several types of injuries that one can suffer, it is ideal to hire an experienced and knowledgeable PI attorney. So, how are damages established in a Pi case?
Damages to Personal Property or Real Estate
For one, if there are damages towards personal or real property, the injured person can sue for compensation. The damages in real property can be established by determining the difference in real value before and after the damages occurred, or if the property is completely destroyed, the damages are established through prevailing market value. The damage can also be ascertained through the cost of repair but it may not be feasible if the cost is more than that of the market value which may result to economic waste.
As in the case of wrongful death as it is mostly common in doctor’s error or malice, the family of the victim can sue for injury. In a death injury, damages can be established through the descendants of the victim and creditors. The damages is normally paid off and the left over is awarded to the direct beneficiaries in the will, if there is one, or the immediate family who may not be beneficiaries at all.
Emotional Distress Losses
If the injury is emotional distress, damages can be determined by mental examination of the plaintiff’s injury towards health, capacity to generate money, and expenses or loses incurred as a result of the injury. However, bystander’s ability to file for claim is limited to exceptional circumstances like observation of serious injury or death of a close family member.
Loss of Earnings Damages
An individual can also suffer injury in the form of loss of earnings. Here the damages can be determined through the evidence of amount of earnings lost in a specified period of time, or predetermine future loss of the said earnings. In this case, the damages can be established through total amount of wages lost. However, withholding tax, retirement and social security contributions may not be used to recover lost earnings by the plaintiff.