There are dozens of different types of damages / compensation that may be available in a personal injury lawsuit in Rhode Island or Massachusetts (Mass). In many cases, a settlement is reached with the insurance company prior to litigation commencing.
In other cases, the matter is settled after a lawsuit is filed and the parties engage in litigating the cause of action in Court. At the end of the day, it is crucial that you retain a Personal injury Attorney to fight to get you the settlement or judgment that you are entitled to. Post by East Providence attorney David Slepkow.
Tortfeasor owe a legal duty
If an injury, physical or emotional, is caused by the negligence of a wrongdoer and the tortfeasor owed a legal duty to the victim then compensation may be available. If the victim suffered damages then the wronged party may seek to be made as whole as possible from damages paid by the wrongdoer (the at fault party who failed to exercise due care). Of course, the wrong could be property damage or even loss of business income. The most common types of negligence claims in Rhode Island (RI) and Massachusetts (MA ) result from:
- car accidents,
- premises liability
- Slip and fall,
- trucking crashes (such as tractor trailer, semi trucks and 18 wheelers), motorcycle / bike wrecks,
- bicycle accident
- pedestrian acccident
- bus accident
- van collisions
“If you were injured, it is important that you seek medical treatment with you primary care doctor. Your physician may refer you to physical therapy, massage therapy or a chiropractor. Some people prefer to go to urgent care. If you are seriously injured, then you should leave the scene in an ambulance or immediately go to the emergency room.” Blog
Although very rare in RI and MA, some civil dispute automobile or motor vehicle accident claims result in a judge or jury negligence trial on the merits. One of the main rationales for settlement is the uncertainty that results from a jury deciding the tort case. The injured claimant could get nothing or their could be a runaway jury verdict for millions that the liability company would be required to pay.
What are the “General damages” that an injured litigant can seek in front of a tribunal?
Lets start with discussing types of compensation / damages that are generally known as “general damages” available in motor vehicle accidents and premises liability claims among personal injury lawyers, liability defense attorneys and judges in RI and MA.
1) General Damages
General damages are compensation your RI Personal Injury Lawyer or Mass. Slip and Fall attorney can seek on your behalf. According to the legal dictionary, ” general damages n. monetary recovery (money won) in a lawsuit for injuries suffered (such as pain, suffering, inability to perform certain functions) or breach of contract for which there is no exact dollar value which can be calculated. They are distinguished from special damages which are for specific costs, and from punitive (exemplary) damages for punishment and to set an example when malice, intent, or gross negligence was a factor.” Legal dictionary
According to Nolo, “While every personal injury case will look a little different, general damages can include:physical pain and suffering, physical disfigurement, physical impairment, mental anguish, loss of companionship (paid to family members in wrongful death cases), and lowered qualify of life.” http://www.alllaw.com
Some of the most common types of injuries resulting from an auto accident in Rhode Island and Providence Plantations are herniated disks, whiplash injury, traumatic head injury, spinal cord injuries, shoulder and neck injuries and paralysis. Damages that result from a wrongful death and are owed to the statutory beneficiaries of the estate of a person killed in a fatal motorcycle, truck or motor vehicle collision will be discussed in future parts of this personal injury law series. If you were injured as a result of a motor vehicle accident in Rhode Island or Massachusetts, please consult with a RI Car accident Attorney or a MA auto accident lawyer.