10 Important Questions for Your Personal Injury Attorney/h1>

Every year, millions of individuals sustain injuries or are injured in personal injury accidents, including car accidents, medical malpractice cases, dog bite cases and premises liability cases. When negligence causes another person to sustain an injury or to be killed, the victim or his or her family may be able to recover compensation for the damages that the victim sustained. Establishing Liability Before a victim is entitled to any damages, he or she has the burden of establishing that the defendant is legally liable for these damages. Many personal injury cases are based on the legal theory of negligence. The first element that the victim must establish is that the defendant owed a duty of care to the plaintiff. If this involves a car accident case, this element means that the defendant owed a duty to act as a reasonably safe driver. If the case is based on premises liability, the duty is that which is legally owed to the victim under the circumstances. Florida Lawyers The next element that the victim must establish is that the defendant breached this duty of care. He or she may not have followed the law or did not demonstrate the same degree of care that a reasonably prudent person would have demonstrated under similar circumstances. The victim must also establish that he or she suffered some injury, whether this is a physical injury, property damage or mental distress. These injuries must be directly linked to the defendant’s breach of care. Once the victim establishes these elements, he or she may be entitled to financial recovery for the following types of damages: Property Damage In accidents that involve property, such as when a car accident occurs or a person’s home is damaged because of negligence, the victim may be entitled to receive compensation for the property damage that he or she sustains. Medical Expenses The victim may be entitled to compensation for an emergency room visit, doctor’s visit, follow-up visits, physical therapy and prescription costs. The victim may be entitled to medical expenses for all previous treatment received as well as any future treatments that are reasonably anticipated. Emotional Distress In addition to treatment for physical injuries, the victim may also be entitled to damages for emotional distress. This may include compensation for the psychological treatment that a victim seeks. In other cases, it may be a monetary amount that the judge or jury provides given the particular circumstances of the case. Lost Wages If the victim missed work because he or she was recovering from an injury or was receiving treatment, he or she may be entitled to recovery for these lost wages. Disability In some cases, the injury is so serious that the victim is no longer able to return to his or her line of work. He or she may receive compensation for the loss of earnings that he or she will realize due to this disability. Pain and Suffering The victim may also be entitled to damages for pain and suffering. This type of damages is not usually quantifiable and is subjective in nature. The judge or jury may provide a certain amount of pain and suffering damages. Punitive Damages Punitive damages are awarded in some cases. These damages are meant to punish the defendant and to prevent similar conduct in the future. In some states, punitive damages are awarded directly to the plaintiff while in others, the damages may be partially or completely provided to a state victim fund. Other Damages Other damages may be available based on the particular circumstances of the case. Such damages may include loss of consortium, loss of enjoyment of life and loss of companionship. Proving the Type and Amount of Damages The victim has the burden of establishing the type and amount of damages that he or she should receive. For damages that can be established through documentation, the plaintiff should retain all such records and provide this information to his or her personal injury lawyer. Such damages include property damage estimates or repair costs, medical bills and records and employment records that show the average earnings and the time lost. Other damages may be more difficult to establish such as emotional distress or pain and suffering damages. For emotional injuries, the victim may not seek psychological treatment so it may be difficult to substantiate a claim for these damages. By involving a personal injury lawyer early in the process, steps can be taken to preserve all aspects of the claim.