TorkLaw

FAQ: A. In personal injury cases, the Collateral Source Rule is intended to help promote full justice and compensation from a defendant’s wrongdoing. The rule states that an award cannot be reduced by a judge or jury just because the plaintiff received benefits from other sources, such as health insurance. The rationale behind the collateral source rule is that a defendant should not benefit from the plaintiff’s investment in private health insurance. In some states, the collateral source rule prohibits the admission of evidence that would inform the jury that the plaintiff has been compensated by a different source other than the defendant (i.e. health insurance).

FAQ: A. Yes. You are entitled to recover damages for emotional distress and psychological injuries. In addition to compensation for your psychological injuries, you are also entitled to recover monetary damages for any counseling or therapy you must undergo, as well as any medications your doctor or psychiatrist may prescribe for you.

FAQ: A. Yes. You are entitled to recover damages for susceptibility to future harm, injury, or medical problems. You are also entitled to recover damages for a shortened life expectancy.

FAQ: A. No. Only spouses can recover damages for loss of consortium. However, if your child or parent was contributing financially to you, then you are entitled to recover damages for the lost financial contribution.

FAQ: A. Yes. You are entitled to be fully compensated for disfigurement and humiliation. If you undergo reconstructive surgery by a plastic surgeon or other doctor, you are usually entitled to all economic costs involved in the surgery (such as the doctor’s fees, the hospital’s charges, etc.), as well as the pain and suffering you experience because of the surgery.

FAQ: A. Yes. You are entitled to damages for loss of or impaired “enjoyment of life.” What this means is that if, because of the accident, you are no longer able to participate in activities that you enjoyed, the person must compensate you fairly for these damages.

A. Yes. Pain and suffering damages are fully compensable. They are classified as “non-economic” damages, as there is no precise, documented monetary loss you can show on a flow chart or receipt. Often the amount for pain and suffering exceeds the cost of medical treatment for your injuries.

FAQ: A. If you have run your own business for more than one year, you are entitled to be compensated for your monetary losses due to your inability to work. If you were working at your own business for less than a year, you typically cannot recover for lost wages, as the law considers this to be an insufficient record, and determining an amount would be speculative. If you’ve run your own business for several years, and your gross receipts have increased but you don’t show much profit due to substantial expenses and reinvestment into the business, the court will take this into account. Business valuation experts can determine your loss compared to what you could have expected to earn had you not been injured.

FAQ: A. There are two basic categories of monetary compensation, or damages, you can recover: economic damages and non-economic damages. Economic damages consist of money you have paid or will pay out-of-pocket, such as certain medical expenses and lost wages. Non-economic damages are for your pain and suffering and other “intangible” losses that aren’t easily priced. Punitive damages can be recovered in cases of egregious negligence, or in which the other party deliberately or intentionally injured you, as in an assault and battery.