What types of damages are available in a personal injury claim in Forsyth, Missouri?
When someone suffers an injury in Forsyth, Missouri due to another person’s negligence or recklessness, they may be entitled to damages. Damages can come in a variety of forms and are meant to compensate the victim for their losses. Knowing what types of damages are available can help someone injured in Forsyth, Missouri understand their rights and what they may be eligible to receive.
Types of Damages Available in a Personal Injury Claim in Forsyth, Missouri
Compensatory damages are the most common type of damages that victims of personal injury claims may be eligible for. This type of damage is meant to cover the economic losses suffered by the victim due to their injury. Compensatory damages can include medical bills, lost wages, property damage costs, and other out-of-pocket expenses that were caused by the accident. Additionally, compensatory damages may also cover pain and suffering and emotional distress that the victim experienced as a result of their injury.
Punitive damages are less common than compensatory damages but may still be available in some cases. Punitive damages are a form of punishment awarded to victims who have suffered an egregious injury due to another person’s careless or malicious behavior. This type of damage is not intended to compensate the victim for their losses but rather to punish the wrongdoer and deter them from committing similar acts in the future. Punitive damages are typically only awarded when compensatory damages alone cannot make up for the harm done.
Wrongful Death Damages
Wrongful death damages may be available if someone is killed due to another person’s negligence or recklessness. Wrongful death damages can include medical bills related to the decedent’s final illness or injury, funeral and burial costs, lost wages and benefits that would have been earned had the decedent survived, emotional distress suffered by family members due to losing their loved one, and other economic losses associated with the death.
Collateral Source Rule
In Forsyth, Missouri, there is a legal concept known as “collateral source rule” which states that victims cannot seek double recovery for their losses. This means that if a victim receives compensation from sources such as insurance policies or government programs (e.g., Medicare) before filing a personal injury claim, then they cannot seek additional compensation from the wrongdoer for those same expenses. The collateral source rule applies even if the victim has already paid out-of-pocket for some of their expenses before receiving compensation from other sources.
When someone is injured due to another person’s negligence or recklessness in Forsyth, Missouri, they may be entitled to various types of damages including compensatory damages, punitive damages, wrongful death damages, and more. Understanding what types of damages are available can help victims understand their rights and what they may be eligible for when filing a personal injury claim.