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Personal Injury Information Damages

If you are in an accident caused by someone elses negligence you may be entitled to damages. There are a couple different types of damages you may be interest in pursuing. Compensatory damages are monetary damages a injured party can seek. Special damages are general damages are the two types of compensatory damages. Punitive damages may also be sought, however they are rarely awarded.

Special Damages

Special damages covers the expenses that a victim has had to spend as a result of the accident. It is easier to put a dollar value on special damages because the victim will be able to keep a record of expenditures they should be reimbursed for. Usually an expert witness will be required to verify the need for expenditures such as medical expenses. They will have to prove the injury or illness the victim is suffering from is a result of the accident in which the defendant is being blamed for. The victim may be able to recover past and future medical expenses if the case requires it.

Lost wages are also a major monetary damages that can be recovered. Lost wages result when the accident prohibits the victim from working. To recover lost wages the victim must prove their lack of attendance and therefore their lack of wages. They also must prove their lack of attendance is indeed a result of the injury sustained. Expert testimony will probably be required when trying to prove the victim is permanently disabled and will therefore require compensation for lost wages in the future.

General Damages

You may also be able to recover damages for mental pain and suffering, unless during the accident the victim did not sustain an injury. In such a case mental pain and suffering is harder to prove, and therefore not likely to be compensated. If the victim has a past injury that was affected during the accident, they are able to seek out general damages if the injury was aggravated.

In a case of wrongful death there are special rules as the victim is not alive to testify on their own behalf. A representative must prove three things to recover damages for wrong death. They must prove death was caused by the defendants negligent actions, the decedent was alive after the accident, and between the actual accident and the time of death the decedent suffered from conscious pain.

Punitive damages are used to punish the defendant for acting to negligently and to try to deter others from acting so negligently. In Maryland punitive damages are very hard to recover because the plaintiff must prove the defendant was acting with actual malice, rather than just being negligent. They must have proof the malice was intentional.

General Personal Injury Information

Victims of crime can receive injury compensation

Why everyone should have personal injury protection

Maryland Auto Accident Lawyers

Teen driving safety

Aggressive driving in Maryland

Preventing motorcycle accidents

What to do if you are in an auto accident

It is important to remember that Maryland imposes a time limit, called a statute of limitations, governing the period during which you must file a personal injury lawsuit. If you miss the statutory deadline for filing you case, it is thrown out of court. For this reason it is important to talk with a lawyer as soon as you receive or discover an injury.

 

 

 

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