Personal Injury Compensation: Five Things You Should Know

Personal injury compensation can be awarded to an injured party after becoming damaged in an accident or by an intentional act. However, laws about personal injury compensation regulate the amount that can be awarded, the prerequisites to filing a case and the burden of proof the injured party must show. Below are 5 things you should know about personal injury compensation.

1. You Won’t Get Rich

Personal injury compensation is intended to make the injured party whole once again, and not to make him wealthy. Compensation awards are based on bills, receipts, statutes, case law and expert testimony. These sources provide specific amounts of compensation that is reasonable to award an injured party. Extremely large awards are very rare and should absolutely not be considered likely to occur in your case.

2. You Won’t Get Everything

Except for previous medical expenses, most compensation awards will not cover the cost of every one of the injured party’s expenses. This is because the majority of damages are unknown and estimates by the court or jury. For example, there is no exact amount to award an injured party for pain and suffering; the amount awarded will be an estimate that may or may not truly represent the party’s experience.

3. Limits Exist

Most states have set maximum amounts that an injured party can receive for non-economic damages. Non-economic damages are those that are not related to medical bills or lost income, such as pain and suffering and mental distress. Maximum awards are set individually by the states.

Moreover, the majority of states have eliminated awards of punitive damages for personal injuries. Punitive damages are awarded for no reason other than to punish the wrongdoing party. Courts and state legislatures do not look favorably upon such awards, hence their elimination in personal injury lawsuits.

4. You Can Sue the Government, But…

You can sue a federal, state or local government for personal injury, but doing so is complex and highly regulated. Personal injury lawsuits against a government entity are subject to strict limitations on maximum amounts. Some states even eliminate non-economic damages from being awarded to an individual injured on government property. These rules apply to state agencies or associations acting on government business.

5. Insurance Doesn’t Guarantee Anything

Even if the defendant has insurance, insurance coverage is still subject to maximums. The portion of an award that exceeds insurance coverage must come directly from the defendant’s property, and there is no guarantee that the defendant has or will ever have the funds.

Talk to a Lawyer

If you have been injured and would like compensation for your damages, seek legal advice. A lawyer will review the facts of your case and discuss the specifics of available compensation.

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