Types of Personal Injury Claims
There are several different types of personal injury claims. These include negligence per se, strict liability, intentional torts, and non economic damages. If you have experienced a personal injury, it is important to know which type of claim you should file. To get the best outcome, you should know the law about the type of claim you have.
Intentional torts are legal claims in which a person has intentionally caused harm to a person. These types of claims can be filed against a person who has caused physical injury or emotional distress to a victim. Examples of intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass to land or chattels.
Intentional torts are civil cases that do not require insurance coverage from the person accused of the tort. This means that the person must pay the damages out of their own pocket. A qualified Camas injury lawyer can help you decide whether intentional torts are appropriate for your case.
Negligence per se
Personal injury claims can be made under a variety of circumstances. In some cases, the injured party may be able to recover economic losses, as well as noneconomic pain and suffering. Other cases may be based on comparative negligence, which can be used to reduce a claim’s liability if the plaintiff shares the blame for the injury. In such cases, it is important to consult with an injury lawyer to learn your options for recovering compensation.
In Florida, a personal injury claim can be based on negligence per se. For instance, an owner of a restaurant may be deemed negligent if a customer slips on ice. This does not mean, however, that a business owner is automatically negligent. A negligence per se case may be filed in situations where another party violated the law and did something that would be unreasonable.
Noneconomic damages are damages that cannot be quantified in money terms. They are meant to compensate victims for harm that cannot be fixed with money. The amount of non-economic damages awarded depends on the severity of the injury or loss. In some cases, these damages can be worth more than the monetary amount claimed.
The calculation of non-economic damages is often difficult and requires expert witnesses to support them. An attorney who has experience with personal injury claims can assist you with this process. The firm Drake, Hileman & Davis, PC, can help you determine the value of non-economic damages in your personal injury claim.
In most cases, a personal injury victim may receive both economic and non-economic damages. Although these types of damages are often capped and monitored to prevent them from exceeding a certain amount, they are still considered damages. The majority of these damages are medical costs, including ambulance bills and hospital bills.
In personal injury claims, special damages include the cost of future medical bills, lost wages, and other out-of-pocket expenses. These expenses include transportation expenses, prescription medication, and adjustments to one’s home. The plaintiff should keep all receipts and medical bills to demonstrate the total amount spent on care for injuries.
General damages, on the other hand, can be difficult to quantify. They are based on the severity of the injury and the pain and suffering suffered. In such cases, the plaintiff should hire a personal injury lawyer to estimate future expenses. These estimates may be difficult to estimate, but they are necessary in calculating general damages. The jury will listen to the plaintiff’s story and assess the damages based on the extent of the injuries and their long-term consequences.
Special damages are easier to calculate than general damages. To determine them, the plaintiff should have receipts, including digital or paper. For instance, if they were out of work for four days, they would need to recover $2,000 for their lost time. However, if they suffered an injury and totaled up their medical expenses, they should be able to recover up to $10,000. Similarly, if they were carrying an antique lamp when they fell, they should receive damages equal to the value of the lamp.