Damages and Compensation in United States Based Personal Injury & Wrongful Death Cases
Damages and Compensation in United States based Personal Injury and Wrongful Death Cases
The law cannot heal injuries or bring back a deceased loved one. However, in the United States the law can and does provide financial compensation to those who have been injured or killed due to the negligence or fault of another. Once liability has been found, the law seeks to compensate the injured person, or deceased’s estate, for all aspects of damages, both to property and person.
Such damages include, but are not limited to, past, current and future medical expenses, pain and suffering, lost wages and income, loss of enjoyment of life, loss of support and enjoyment of life (loss of consortium) of family members of the injured or deceased, and other losses resulting from the injury or death. Personal injury damages routinely include compensation for reduction in life expectancy, scarring and disfigurement, and permanent, as well as temporary, disability. Damages may also include compensation for psychological injuries such as therapy, psychiatric treatment, rehabilitation, retraining, and other non-physical injuries or losses resulting from the incident that caused the injury or death. Additionally, any loss of or damage to property may also be included in damages.
Although the laws in the United Kingdom and Germany, as well as most other European Union countries outline similar damages as those in the United States, United States courts have traditionally been more generous in the amount of damages awarded. Although the vast majority of personal injury and wrongful death cases are settled after a lawsuit has been filed but before a full trial has been conducted by the court, defendants and insurance companies are acutely aware that any trial may be conducted before and decided by a jury. Accordingly, those cases that are properly and diligently prepared to win at trial, are the most likely to result in a significant settlement for the plaintiff client.
Proving damages can require not only medical records from treating physicians, but also the testimony of treating physicians, experts, and others. Urban Thier & Federer, P.A. has extensive experience working with medical professionals not only to secure medical records, psychological treatment records, lost wages proof, and other documentary evidence, but also in securing testimony, including translations where necessary, to ensure that a strong damages case is put forward.