Posts Tagged ‘monetary compensation’

What are personal injury “DAMAGES”?

Friday, July 23rd, 2010

If you are in an auto accident, and not at fault, you are entitled to recovery for the damages caused by the other party’s negligence. There are many common misconceptions of what damages are, and what types of damages one is actually “entitled” to, versus those damages that must be proved and negotiated at length.

Damages are defined as “money claimed by, or ordered to be paid to, a person as compensation for loss or injury.” (Blacks Law Dictionary, Thomson West; 8th edition (June 1, 2004)). “Damages are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong.” Frank Gahan, The Law of Damages 1 (1936). In other words, damages are the harm actually caused by the wrongful or negligent act. For example, if you were in an auto accident, and your car was totaled, one category of damages would be the totaled car. The compensation for your totaled car would be monetary payment of the fair market value of your car. Another example would be injuries that require medical treatment. The compensation for your injuries would be payment of the medical bills that result from reasonable and necessary treatment for the injuries you sustained, and pain and suffering you endured as a consequence of said injuries.

Types of Damages

There are two basic types of damages: actual damages (also called compensatory, tangible, real or special damages) and general damages.

Actual Damages. Actual damages are those which are proven, at a certain monetary amount, to have been incurred as a result of the wrongdoer, or negligent party’s actions. The goal of compensating for actual damages is to put the injured person in a position he or she was prior to the incident. These damages are distinguished from general damages because usually, there is a physical bill that would otherwise not exist such as:

  • Medical bills: Including ambulance transportation, hospital stays, x-rays and other diagnostic testing, physical therapy, chiropractic treatment, surgery, etcetera
  • Prescriptions for medications required due to injuries sustained
  • Future medical treatment
  • Funeral expenses
  • Cost of repairing a vehicle
  • The value of a totaled vehicle
  • Loss of earnings

General Damages. Unlike actual damages, general damages do not come with a clear bill detailing the cost and amount of compensation. General damages are those that the law presumes follow from the type of wrong complained of (Blacks Law Dictionary, Thomson West; 8th edition (June 1, 2004)) such as:

  • Pain and suffering
  • Psychological and mental effects
  • Loss of promotion or employment opportunities
  • Future lost earnings
  • Loss of consortium
  • Costs and pain associated with permanent injury/disability

What Damages are you Entitled to

With actual damages, that can be proven to a degree of certainty (i.e.; submitting the bill) one is only “entitled” to those that are the natural and direct result of the at-fault party’s negligence. For example, if your vehicle was in a previous accident and sustained damage to its front bumper, and in the accident for which you are claiming compensation for, you were rear-ended, you are not entitled to have your front bumper fixed. The reason being, the damage to your front bumper was not caused by the negligence of the other driver. Causation is a very complicated legal issue and cannot be simply explained. An experienced attorney will be able to lobby on your behalf as to what harm was actually caused by incident in question. Without an attorney, an insurance adjuster will most certainly find a compelling argument against paying for damages that may have some other explanation as to how they raised.

A common misconception is that the at-fault party must pay all medical expenses associated with the injuries they caused. In reality, a person is only entitled to reasonable and necessary medical expenses. What this means is that whatever your injuries are, there is a standard customary charge and length for treatment of those injuries. If you over-treat, or go to a doctor who is charging way more than the fair value of his services, you may not be entitled to full payment of that bill. Again, this is a complicated area of law and you should consult an attorney who can explain to you what you will be compensated for.

Another common misconception is that an injured person is entitled to a certain amount of pain and suffering. About 90% of the time, an insurance adjuster will not offer to pay any pain and suffering.  You are only entitled to pain and suffering that you can prove to have resulted from the injuries sustained. It is very unlikely that based on your word alone you will be able to convince an insurance company that your suffering is worth a great deal of money. Of course, the greater the injury, the more pain and suffering will result. As such, the pain and suffering related to soft tissue injuries (tears in the muscles, “whip-lash,” strain/sprain), will likely be valued at a smaller monetary amount than the pain and suffering associated with significant injuries (i.e.; broken bones, head injuries, death).

Pain and suffering includes the actual pain resulting from the injuries sustained, the effects on one’s life and limitations caused by pain, the adaptations one must make to accommodate their limitations, and all of the events, activities, and daily errands that cannot be completed due to pain.

Most importantly, there is no formula for the value for pain and suffering. The monetary compensation for pain and suffering is all debatable. An individual may value his pain and suffering at $100,000.00 where realistically, the insurance companies and the courts will value his pain and suffering at $2,000.00. How do you know how much you should be compensated for your pain and suffering? Hire an attorney; ask what is the usual compensation for pain and suffering associated with the types of injuries you endured?  You attorney is in a much better position to fight for your right to compensation for this suffering than you are because an experienced attorney knows what issues to present to the insurance adjuster, how to present it, and how to negotiate on your behalf so that that suffering does not go unaddressed.

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How to Get the Most Out of Your Consultation with a California Accident Lawyer

Wednesday, June 23rd, 2010

If you are like most accident victims in California, you are looking for the right lawyer to represent you in your negligence lawsuit. Accidents can happen at any time and take many forms. Common types of California accidents include car accidents, motorcycle accidents, train accidents and airplane accidents. Regardless of what type of accident you were in, if you suffered injuries as a result of someone else’s negligence, then you may be entitled to recover monetary compensation for those injuries from the responsible party or parties. Many victims schedule consultations with a small number of lawyers in an effort to determine which lawyer they feel is the right one to handle their case. Consultations are a great way to get to know your prospective lawyer and to ask any questions that you may have. If you have gotten to the point of scheduling consultations, then you want to be prepared to make the most out of the limit time that you have with the lawyer. The California accident law firm of Ledger & Ledger says that there are a number of things that you can do to prepare for a consultation with an accident lawyer:

1. Bring documents with you. Exactly what documents you may have will differ from case to case and may depend on what type of accident you were involved in, but can include police reports, insurance policies, product warranties and sales receipts. You are better off bringing everything that you think may be useful and let the lawyer decide what he wants to see.
2. Bring medical reports or discharge summaries. If you received any medical treatment after the accident, bring any paperwork that indicates what injuries you suffered and/or what treatment you received or are continuing to receive. Again, more is better if you are unsure what to bring.
3. Prepare a list of questions. Most initial consultations are limited to under an hour so you want to make sure that you ask all the important questions while you are there. What is important to you may be different than what is important to someone else, but common questions are: “How long have you been practicing law?” “What type of cases do you take?” “What is your success rate” and “What are your fees”. You may also want to ask practical questions about where their offices are located, how you will be able to communicate with them and what hours they are available for appointments.

By preparing yourself for your consultation with a California accident lawyer, you will get the most out of the consultation and the lawyer will be in a better position to answer your questions and evaluate your case.

If you are in need of a California accident attorney, please call the law offices of Ledger & Associates and make an appointment for a free and detailed evaluation with accident lawyer Emery Ledger. With over a decade of experience in all types of accident cases, attorney Ledger can answer all of your accident case questions. The law firm can be reached online at www.ledgerlaw.com or by calling 1-800-300-0001.

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Gulf Oil Spills – A Proliferating Tragedy as Millions Suffer

Wednesday, June 16th, 2010

As the largest oil spill on record, the Gulf Oil Spill has created an environmental tragedy for millions of Americans over the past few months. Moreover, many citizens have been forced to relocate their residences seeing as how the toxicity of the smell of oil along with the millions of gallons has washed up along the Southern shores. By comparison, the Exxon Valdez spill in 1989 account for a total of 11 million gallons. The Gulf oil spill is being calculated to end up dumping the equivalent of 4 Exxon Valdez spills per week – a staggeringly large amount of oil penetrating our ocean and ecosystems constantly.

Many citizens in the region affected by the BP oil spill have suffered dramatic changes to their lives – some even forced to move out of their homes. More so, in the Gulf Coast area like Louisiana and Alabama, many people found a comfortable living with the environmental resources accessible to them through the ocean. However, with the oil spill, hundreds and thousands of jobs have been lost, livelihoods altered, and irreversible damage done to fishes, birds, oyster beds, and important facets of the Gulf Coast environment. Companies and individuals involved in the seafood industry, or commercial fishing and shrimping have greatly suffered as some have been forced to shut down all operations while workers are are left with no alternative source of income to support their livelihoods.

Even more so, workers who have been exposed to the oil spill, have reported symptoms of nausea and sickness as a result of direct contact from air toxins coming from the oil permeating the ocean water itself. The Center for Disease Control (CDC) has stated that the toxins from the oil spill can be extremely aggravating and if exposed to for a prolonged period of time, can lead to more complicated health issues.

It has been reproted that BP has agreed to a $20 billion victim fund, just issued in a press statement released today, June 16, 2010. This acknowledges the gravity of the circumstances surrounding the largest recorded oil spill in history. To date, thousands of people have been harmed, with eleven deaths stemming from the initial April 20, 2010 explosion that catalyzed the now on-going oil spill. With the help of an experienced personal injury law firm, you and your loved ones can receive proper monetary compensation for your suffering and losses. Moreover, with potential long-term medical conditions that may result from exposure to the oil spill, you deserve to have the best lawyer fighting for your settlement.


If you or your family has been affected by the BP oil spill and has been unable to continue making a living due to these severe circumstances, please contact personal injury attorney Emery Ledger from the Offices of Ledger & Associates. As an experienced lawyer, he may be able to collect monetary compensation on the damages to what you may have lost due to this devastating oil spill. For more information, please give him a call at 1-800-300-0001 or visit the website at www.ledgerlaw.com.

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California Wrongful Death Attorney Says Nothing Replaces The Loss of a Child

Monday, May 17th, 2010

The birth of a child is one of the most amazing and exciting moments of a parent’s life. After months, or years, of preparation and anticipation you are finally a parent. Every parent’s imagines the future that they will share with their child. No parent imagines that they will outlive their child – much less that their child will be taken from them before they reach adulthood. Losing a child is like having your life taken from you. If you have experienced this profound loss, and you feel that someone was responsible for the loss, then you may be able to file a wrongful death lawsuit.

Not surprisingly, accidents are the number one cause of death for children under the age of 18 years old. Clearly, accidents do happen where no one is to blame – where they simply could not have been prevented. Unfortunately though, many times the accident was actually the result of someone’s negligence. Deaths that are the result of car or aviation accidents are frequently the result of negligence. Other common examples are swimming pool accidents, failure to supervise accidents or product liability deaths. Anytime that a person, or company did not use the care that the law requires to protect your child from harm, they are potentially responsible under the theory of negligence and therefore may be sued under a wrongful death lawsuit in the State of California, says California wrongful death attorney Emery Ledger & Ledger & Associates.

No one is implying that it is possible to put a monetary value on the life of a child from a parent’s perspective. Most parents would tell you that their child is priceless. While the result of a wrongful death lawsuit is monetary compensation, it also accomplishes something else – it makes the person, or entity, that was to blame for your child’s accident face up to the responsibility. A wrongful death lawsuit cannot turn back the clock and bring your child back, but it may make a difference for other children in the future. It may force someone to be more careful in the future or force a company to change unsafe practices. Sadly, sometimes it takes a lawsuit for a company to recognize that it is putting people – especially children – in harms way.

If you have suffered the loss of a child, nothing can take away the pain you are going through, but if someone else was responsible for the accident that took the life of your child you may want to consider filing a wrongful death lawsuit. Contact an experienced California wrongful death attorney to find out more about filing as a claimant in a wrongful death lawsuit and holding the person or persons responsible for the death of your child accountable for their negligence. The team at Ledger & Associates have been handling wrongful death lawsuits in the State of California for more than a decade and will treat you will compassion and understanding during this difficult time.

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What Should I Do After I Sustain A Personal Injury?

Monday, February 8th, 2010

Many people, who were involved in an accident, are a little weary about what to do next. They often don’t want to rush into retaining a lawyer for fear of getting roped into extensive legal fees. Or maybe they are not sure if they even have the right to file a lawsuit, and will it be worth it? Most people will immediately call their insurance company first, but you may want to stop and reconsider this.

In general, if you were involved with a person or business that left you at a loss; either personal or financial, you have a right to be compensated. Typical examples of loss are car accidents, assaults, dog bites, slip and fall accidents, just to name a few. The most common accidents are car accidents. However, many people don’t know that most businesses are required to clear and maintain their sidewalks for safe passage. If they fail to do so, and you get hurt, you are entitled to some kind of monetary compensation.

Anyone who owns an animal is also expected to keep it under control. If that pet damages you or your property, you are then entitled to a recovery of the cost of damages. Recovery typically covers the costs of lost wages, property damage, health care expenses, and in some cases pain and suffering.

The first thing a good lawyer will do, is determine if the other party truly has a liability for your losses, and how much are these losses worth. He will also assess if you played a part in the negligence, and if so, to what degree? If you are found to be responsible for some of the damage, you will also need to contribute to restoring the situation to the way it was before the accident.

Recovery is also based on everyone’s ability to pay. If the parties involved carry little or no insurance, and have few assets, maybe everyone should just write the matter off as a lesson learned. An experienced lawyer will know right away how to determine if the pain and suffering of a law suit is worth the pain and suffering a recovery may bring.

In the case of a car accident, every car is required to carry insurance; however, most drivers are underinsured. Just because someone has a car accident, and has car insurance, doesn’t mean that they will be able to grant you a large settlement. The same is true for you. If you were involved in an accident and the other party doesn’t have any insurance, you may carry uninsured motorist coverage on your policy, but it will take an experienced lawyer to find a way to convince the insurance company to give any of it to you.

Personal injury law and insurance policies can be very complex subjects to work with. It takes someone with knowledge in both these matters to make sure that you are treated fairly, and swiftly, and to make sure you don’t get lost in the paperwork.

Contacting a lawyer right away will ensure that vital evidence is collected and at least stored for further use, even if you decide not to pursue legal action now. This evidence can be time sensitive; so statements should be taken, and evidence gathered before it is forgotten or unavailable to you months from now.

You also need to be very careful about what you say to others involved. You are not required to give a statement on any matter, at any time. Simple statements can be twisted and used against you by the other side, so it is wise to have an attorney at least available if not present before you decide to the communicate with the insurance companies. Insurance companies have a great interest in keeping their money, and they know how to avoid paying claims if at all possible.

After all the evidence is gathered, you will need to present it in such a way as to represent you in a clear light. Contacting a lawyer is the best way to accomplish all this, and protect you from further damage.

Most personal injury lawyers will work on a contingency basis, so your legal fees are in general taken out of your settlement. If there is no recovery, there is no fee. You will be expected to pay for filing fees, copies, transcripts, etc., but a decent lawyer will make you aware of these costs up front, as well as what he expects to recover before you get into any extensive legal work.

An experienced lawyer will also often be able to avoid many of these expenses by avoiding court all together. Many personal injury cases are settled out of court, therefore minimizing the costs of resolution. Negotiating, mediation and arbitration are 3 ways to resolve conflicts professionally, and minimize the costs of recovery.

If you do have to go to trial, this could take a long time. What if you need medical care before that? This is another reason to consult with a good attorney and allow him to direct you to various services that are sympathetic to the needs of accident victims. A typical example would be going to a chiropractor after a car accident. Many insurance companies still resist chiropractics claiming that they are not nationally recognized, but a good personal injury lawyer will make sure that you get the medical care you need, while you are waiting for trial; and some lawyers can help you find a doctor who understands these things and is willing to work with you under these circumstances.

So if you were involved in an accident of any size, it might be worth your while to call a lawyer first, before you rush off to the insurance company. Ledger Law offices are a great place to start. Call 800-300-0001 today to learn more today.

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