When someone is injured or their property is damaged due to another person’s wrongdoing, the victim may be eligible for compensation. Juries determine the amount of compensatory damages, though judges have the authority to set aside deficient or excessive awards. Here, you will learn about the types of damages available in personal injury cases.
Recoverable Damages
Victims of property damage or personal injury can make the following recoveries:
1. Compensatory damages -; these are designed to put the victim back in the same place they were before the accident or injury occurred. Compensatory damages cover the amount needed to repair or replace property, and any costs arising from the injury. They can cover things such as rental cars and lost wages.
2. Incidental damages -; here, victims are compensated for expenses incurred due to the loss of property. Incidental damages include costs for things like transportation, shipping and international phone calls.
3. Punitive damages -; these are not a form of compensation for the victim’s losses, but a form of punishment to deter the defendant from engaging in the same kind of behavior. Punitive damages are usually awarded with compensatory damages, and can’t exceed ten times that amount.
Foresight Requirements
A recovery for injury or property damage is usually limited to reasonably foreseeable costs. Liability is not attached if a person could not reasonably foresee damage as a result of their actions.
The Duty of Mitigation
Everyone has the responsibility to mitigate property damage. If the victim can make an effort to reduce the harm caused by a defendant’s actions, they are legally required to do so. Defendants cannot be held responsible if a victim does not take steps to mitigate the damage.
Calculating Property Damage Values
The value of a property or injury depends on whether the damage can be repaired. If repairs can be done at a reasonable cost, an accident attorney in Nassau County NY can get his or her client compensatory damages to cover the expense.
Insurance
Auto and property insurance can be used to pay some or all of the damages awarded to a victim. Those in accidents should call an Accident Attorney, and call their insurers right away to retain evidence. Insurers can litigate a claim, or settle out of court. Alternatively, Accident Attorney in Nassau County NY can pursue claims against third parties.
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