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Page 27 of 31 |
How are money damages calculated? |
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In accident cases, money damages can include both "general damages" of the type that were reasonably foreseeable resulting from wrongful conduct, such as pain and suffering in a personal injury case, and "special damages", such as the injured person’s loss of income.
Generally, the courts only award damages directly caused by the defendant’s actions. The defendant’s conduct must also be the "proximate cause" of the damages. Further, the plaintiff will not be allowed to recover for damages she would have been able to mitigate, or avoid, such as by seeking prompt medical attention, or repairing damaged property.
Courts are uncomfortable with damages that are "speculative" (uncertain or unpredictable) and tend to require reasonable proof of the damages incurred.
If you wonder whether you have a good lawsuit or how much your case might be worth, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you. |
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