Before the Court Awards Damages: Understanding the Types of Legal Damages and Personal Injury Considerations

Legal Adviser August 4, 2015
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personal injury attorney in Salt Lake City

personal injury attorney in Salt Lake CityA personal injury compensation stems from a wrongful conduct or an injury suffered by one person due to the fault of another. When we speak of fault, this may be intentional, accidental or may have been a result of one’s lack of caution or foresight. All of these factors are strictly circumstantial, which means that these are on a case-to-cases basis. For this reason, there can be no ‘instant’ price quote on these damages. It requires the sound discretion of the courts.

When it comes to legal suits that involve monetary claims like these, it is very important to hire a personal injury attorney in order to protect your rights. The following factors and terms are the most discussed in personal injury claims.

What is under the strict liability rule?

Under the strict liability rule, a person accepts the “assumption of risk.” This means that even if a person is very cautious, the nature of his business or acts will still make him liable for any wrong or injury suffered by a third person. This is the rule of liability involving hazardous trades.

Compensatory Damages

The injury suffered and its consequences are converted to its monetary value. The loss is not actually replaced or compensated, but it is a type of remuneration aimed to help the person cope.

Nominal Damages

This type of damages is computed at a smaller amount when the pieces of evidence presented cannot fully and specifically show the losses suffered by the claimant. This is awarded to a person who has clearly suffered an injury but cannot show enough documents to prove how much he has spent to address the loss.

Exemplary Damages

Finally, exemplary damages are awarded as an additional form of penalty to the person deemed at fault. This is to set an example to all other persons to not replicate or commit whatever it was that the perpetrator had committed.

In order to have a full understanding of these claims and how you can address them, hire and consult a seasoned personal injury attorney.

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