Negligent Personal Injury Cases Result in 3 Types of Damage

If you’ve been injured in a car accident or suffered a medical negligence, you may have a personal injury case. Personal injury lawsuits are extremely common, but they must be supported by a variety of factors. So, a personal injury lawyer attempting to establish negligence liability must first show that a duty existed and that the obligation was carelessly breached.

Personal injury experts don’t come with a manual, but here are three terms to know when discussing personal injury damages:


A cause-in-fact and a proximate cause are both necessary for causation to take place.

Cause-in-fact is the more straightforward of the two. A simple definition of negligence as a “cause-in-fact” is that it was a link in a chain that led to the injury. The “but for” test is a common legal definition of cause-in-fact. If the careless act had not occurred, the injury would not have occurred.

Getting thrown out of your lane because someone was texting could be an example of cause-in-fact. Distracted driving, even though the driver’s car did not come into contact with your vehicle, was nonetheless responsible for your accident and any related injuries. If, on the other hand, you happened across the identical accident after it had already occurred and hit a highway barrier while rubbernecking, it may be difficult to determine cause-in-fact. This accident was likely not caused by the same distracted motorist who was at fault for the first one.

Identifying the immediate cause is more difficult. When it comes to damages, it’s not always clear if they’re attributable to someone’s carelessness. According to the “foreseeability” standard used by courts, proximate cause is shown when the loss was reasonably expected to come from the negligent conduct. When a customer slips and falls on snow and ice that hasn’t been swept away by the store owner, proximate cause can be proven. Because of the business owner’s carelessness, the slip and fall injury is a likely outcome.

Damages as Restitution

Compensation and exemplary damages are two types of damages. These damages are meant to make the affected person whole by covering any costs or losses they have incurred because of the careless act. Damages for compensation can be awarded for a wide range of reasons, such as:

Medical bills for injuries caused by the negligent party. The other driver’s medical bills, for example, can be included in a claim for damages by a motorist who was injured in a car accident because his seat belt and airbag deployed and caused chest and face injuries.

PTSD, anxiety, despair, or any other emotional distress might be considered additional medical expense. Despite the fact that psychological harm is more difficult to quantify than physical harm, it is nonetheless possible to sue for compensation for such harm. Doctors or therapists typically document these symptoms and the corresponding therapy expenditures, thus their validity is unquestionable.

Compensation for lost wages may be included if they were caused by the negligence. Compensation may be sought if you’ve been forced to leave your job, have to skip work, or have your hours reduced as a result of a bodily or psychological injury.

Compensation for property damage caused by someone else’s negligence may be available. Damage to a car caused by an accident is the most common example of property damage.

Representative Damages

Examples of exemplary damages include punitive damages and attorney’s costs, like with a semi truck accident lawyer charging 30% of the final compensation amount. To punish the negligent party, exemplary damages are normally only awarded in exceptional instances. Exemplary damages may apply in the event that a party knew of an unsafe state and ignored it, even after been previously sued for such a violation.

Related Articles

Back to top button