The party that wins a personal injury lawsuit is entitled to receive money from the defendant. This money is called damages. There are two categories of damages: damages and punitive damages. Compensation for damages to the victim tries to compensate for the loss and restore the situation that was before the injury. Moreover, punitive damages are intended to punish the defendant for his actions to avoid repeating the behavior that caused the injury.

Compensation for damages

There are two categories of compensation for damages: special damages and general damages.

The special damages compensate the victim for monetary loss related to the injury. Some typical categories of special damages include:

Medical expenses – This type of damage may include medical expenses incurred in the past and anticipating the future. If you think that the victim needed medical attention for the rest of his life, the cost of such care is determined by the life expectancy of the victim.
Lost wages – This type of damage may cover lost income from work and also the “possibility of loss of earning capacity”, i.e. the victim’s inability to generate as much revenue it generated before the injury.
Damage to property – A victim is also entitled to compensation for damage to his property. Such compensation is determined based on the fair market value for the property at the time the damage occurred.
The special damages can be determined with reasonable certainty. In contrast, general damages are less specific and have no specific monetary value. Some typical categories of general damages include:

Pain and suffering – This type of trying to compensate damage suffered physical pain because of the injury, but may also include the emotional suffering of the victim. However, it is more difficult to obtain compensation for emotional distress.
Loss of Consort – This type of damage compensation to the spouse of the victim for the loss of the companionate marriage due to changes in mood, comfort or sexual relations.
Punitive damages

The second type of damages can be awarded are punitive damages. This damage is almost never granted. In general, only be obtained if the applicant is able to prove a pattern of repeated misconduct of the defendant or show that this behavior was particularly egregious.

In most jurisdictions, the decision to award punitive damages to the plaintiff is in charge of a jury. If granted, the decision often is subject to the approval of a judge. The judge may increase the amount or, if satisfied that the jury’s decision does not conform to the facts of the case, reduce it.

Harm reduction

One aspect of health care directly related to compensation for personal injuries that all applicants must meet the principle of harm reduction. This doctrine provides that a claimant must take reasonable steps to prevent future injuries after suffering the injuries caused by the defendant.

For example, suppose that Susan is fractured his ankle in a car crash in which the defendant was negligent. After the collision, Susan’s doctor informs him that must undergo an ankle surgery to heal properly. And he warns that failure to undergo such surgery, probably feel pain in the ankle for the rest of his life.

Susan decided not to undergo surgery and, as the doctor said, often feel pain in the ankle. The principle of harm reduction, the defendant is not responsible for the pain that Susan suffers because she decided not to undergo surgery. If Susan had been performed the surgery as the doctor had indicated he would have fully recovered.

The theory behind the principle of harm reduction is that it is unfair to a defendant accountable for something the applicant could have easily controlled. In short, the applicant must submit to a reasonable medical procedure to reduce the duration of the effects of the injury.

To enforce the sentence

finally, when a person wins a lawsuit, the victory is not absolute. The defendant must still pay the damages, and that, as expected, is not always made voluntarily. Generally, if the defendant has money or is covered by insurance, it is not difficult to obtain payment. This is simply because the defendant wants the end demand and thus avoids taking measures to recover the money.

However, if the defendant refuses to pay or has no money, there are some steps you can take to make the payment. In many states, a plaintiff can garnish the defendant’s wages (up to a certain percentage) to comply with the ruling. Some states allow a claimant to revoke the defendant’s driver’s license. If this happens, the license can not be restored until it complies with the sentence. In addition, some states allow the plaintiff the defendant kidnaps certain assets, such as bank accounts or accounts receivable, if the defendant is a business.

The process to collect the compensation of a sentence varies by state. It is best to consult an attorney experienced in credit law about the specific methods available.

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