Accidents happen, and in many cases, they can send someone to the hospital. In 2016, more than 29 million Americans visited an emergency room for an unintentional injury. That means they weren't trying to hurt themselves.
But the word "accident" can mean a lot of different things. Some of those accidents happen as a result of someone else's negligence or recklessness.
In those cases, the injured parties may have a case for personal injury damages. But what is a personal injury claim anyway?
It's a good idea to educate yourself before you get hurt. Read on to find out the basics of understanding personal injuries.
What Is a Personal Injury?
You're in a grocery store when you slip and fall on a wet spot. There was no "Caution Wet Floor" sign. You're shaken up but not physically hurt.
In that case, you would not have any need to call a personal injury lawyer for damages. That's because you didn't suffer an injury.
If you're not hurt, then you have no reason to ask for damages. The same is true if you only suffer minor injuries.
For instance, a sprained ankle is annoying. But unless it's a particularly complicated sprained ankle, you're likely not going to have a lot of medical bills or miss work.
Things like bills and lost income are both factored into compensatory damages. These are damages you're paid in an attempt to make you whole again.
What about pain and suffering and emotional distress? You hear those terms bandied about in TV shows and movies. In real life, they're not as common in personal injuries.
That's partly because proving medical distress is easier than proving emotional distress. A broken leg is easier to explain in court than symptoms of PTSD.
Compensatory vs. Punitive Damages
If you're injured in Georgia, your Augusta personal injury lawyer may tell you to focus on compensatory damages. Punitive damages aren't impossible to obtain, but the threshold is higher.
If compensatory damages are about making you whole, then punitive damages are about sending a message. The McDonalds' hot coffee case in the 1990s is a good example of this.
In that civil suit, a jury awarded plaintiff Stella Liebeck $2.7 million in punitive damages. That's way more than the $200,000 she got awarded in compensatory damages.
The jury heard testimony that McDonald's knew its coffee was being served at temperatures that were too high. In fact, they had received hundreds of other burn complaints prior to the Liebeck case. Based on that, the jury decided on an amount equal to two days worth of coffee sales for the fast-food giant.
Liebeck never got the full amount. It got reduced by the trial court, and she later reached a settlement. But the initial amount got reported far and wide in the press.
The Final Word on Personal Injury Damages
Proving personal injury damages is a long and complicated process. If you think you have a case, you should always talk to a lawyer first. Focus on your recovery while your legal team focuses on building a case.
As a parent, you want nothing more than to keep your family safe. You can't prevent every accident, but you can do more than you think. Bookmark our blog for more health and wellness advice.
