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Nothing is more important to our team at DiPasquale Moore than the well-being
and comfort of our clients. If you have been hurt by the negligent actions
of a third party, you can come to us for a no-cost case evaluation to
get you pointed in the right direction. All you need to do is dial
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Different Types of Damages in a Personal Injury Claim
bicycle accidents to
product liability cases, every personal injury claim eventually centers on the damages the injured
party deserves to be given from the liable party. “Damages”
is a legal way of saying costs or expenditures. If the injured party has
to pay for hospitalization, for example, the bills generated by that stay
in the hospital is a form of damages.
What sorts of damages exist and how many can be claimed in a single personal
injury case? For the most part, so long as the plaintiff genuinely did
experience a form of damages, it can be cited within the claim. You should
always take some time to work out the details with your attorney to decide
what damages can and should be included.
Determining Liability for Claims in Missouri & Kansas
While damages can be viewed as the total cost an accident caused the plaintiff
to suffer financially, liability will factor just how much of that total
the plaintiff deserves. In a personal injury claim, liability is divided
into percentages, and the defendant must pay the percentage deemed appropriate
by the court if the dispute is not resolved in a settlement. The more
the plaintiff is liable for his or her own injuries, the less he or she
stands to collect.
For example: A man is running through a supermarket at full speed, looking for an item
in a hurry. Every attendant that sees him shouts for him to slow down
and be careful. He rounds a corner, steps onto a puddle of spilled orange
juice, falls, and suffers a broken knee. In court, he is found to be 20%
liable for his own injuries. If his reward would have been $100,000 for
his medical costs, lost wages, and pain, he would now only collect $80,000, or 80%.
There are many factors to consider when calculating liability, such as:
Duty of care: Liability in an accident, especially a
premises liability claim, can hinge upon the defendant’s apparent duty of care, or that party’s
responsibility to protect visitors, guests, and other parties around them.
Every property owner or controller has an inalienable duty of care to
some degree, and every individual has a duty of care to act safely in
Plaintiff rights: A party that is injured while knowingly trespassing or participating in
some form of crime may increase their own liability or decrease the viability
of their claim should an accident occur. For example, a burglar that slips
on a stray children’s toy may be found to not have the right to
sue for damages since they should not have been in that location in the
Comparative negligence: People who willing participate in activities that should be seen as dangerous
to a reasonable person could increase their own liability and reduce their
compensation received. The individual in the aforementioned supermarket
slip example should have known that running through a crowded store was
dangerous, and thus increased his own liability.
Preexisting conditions: An insurance company evaluating the medical costs of a plaintiff will pay
close attention to any medical records that indicate a preexisting condition.
It might be possible for the defendant’s legal representatives to
argue for a lower compensation amount if a preexisting condition is found
and could be related to the injuries sustained within the accident in
question. Your injury lawyer will need to be well-versed in liability
laws to challenge such strategies used by the opposition.
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Unless We Win Your Case!
Our mission at DiPasquale Moore is to provide you the legal support you
need during this difficult time. We're dedicated to making the legal process
as smooth as possible by working on your case for you. From listening to your needs to aggressively
representing you in court, you can count on our devoted personal injury
attorneys. Let us help you today.
If your case requires immediate legal attention, call us at (888) 743-1030.
If you prefer, schedule your free consultation by
filling out the evaluation form.