What kinds of damages are available in a personal injury claim in Fulton, Missouri?
When someone in Fulton, Missouri has been injured due to the negligence of another person, they are eligible to file a personal injury claim. A personal injury claim is a legal action taken against the responsible party in order to obtain compensation for the damages incurred by the victim. Depending on the severity of the injury, the types of damages available to the injured person may vary. This article aims to explain what kinds of damages are available in a personal injury claim in Fulton, Missouri.
Compensatory damages are the most common type of damages awarded in a personal injury claim. Compensatory damages are designed to compensate the victim for losses incurred as a result of their injury, such as medical expenses, lost wages, and property damage. Compensatory damages can also include intangible losses such as pain and suffering, emotional distress, and loss of companionship. The amount of compensatory damages awarded depends on the severity of the injury and the amount of economic and non-economic losses suffered by the victim.
Punitive damages are another type of damages that may be available in a personal injury claim in Fulton, Missouri. Punitive damages are designed to punish the responsible party for their negligent behavior and deter future misconduct. In order to be awarded punitive damages, it must be proven that the defendant acted with reckless disregard for public safety or deliberately caused harm to another person. Punitive damages can be awarded on top of compensatory damages and can significantly increase the total amount of compensation received by an injured person.
In some cases, an injured party may be eligible for statutory damages. Statutory damages are set forth by state law and provide compensation for certain types of injuries not covered by traditional compensatory or punitive damages. Examples include violations of civil rights laws or consumer protection laws. Statutory damages can typically range from a few hundred dollars to tens of thousands depending on the severity of the violation and applicable state law.
If an injury has resulted in a decrease in earnings or ability to work due to physical limitations, then an injured party may be entitled to recover lost profits from their personal injury claim. Lost profits refer to any income that would have been earned had it not been for the injury suffered by the victim. This includes wages lost due to missing work or reduced hours as well as any potential income from future promotions or raises that were hindered by the injury.
Wrongful Death Damages
When an individual suffers fatal injuries due to another person’s negligence, their family members may be eligible to file a wrongful death claim in Fulton, Missouri. A wrongful death claim allows family members to recover compensation for their loved one’s medical bills, funeral expenses, loss of companionship, pain and suffering experienced prior to death, and other related costs associated with their death. The amount awarded is typically based on factors such as lost income potential and expected life span had it not been for the fatal accident.
In conclusion, there are several types of damages available in a personal injury claim in Fulton, Missouri including compensatory damages, punitive damages, statutory damages, lost profits, and wrongful death damages depending on the nature and severity of each individual case. It is important for anyone who has been injured due to another person’s negligence or recklessness to retain experienced legal counsel so that they can ensure they receive full compensation for all losses incurred as a result of their injury