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What are damages?

Riddle Brantley LLP   |  January 19, 2015   |  

Every personal injury case can be boiled down into two major components; liability and damages. If the party who caused your grievances is found to be negligent, and therefore liable, then the extent of the damages that party is responsible for must be determined.

Damages are the amount necessary to compensate you for your loss and put you back in the same position, or as close as possible, to where you were before the accident. In other words, damages represent the monetary extent of your loss.

Damages may take many forms including, but not limited to, past and future medical expenses, lost wages, lost earning capacity, disability, pain and suffering, emotional distress, punitive damages and in some cases, loss of consortium (the deprivation of the benefits of a familial relationship – for example, a spouse). While some of these damages can be calculated objectively, many are subjective. An attorney can help present your objective damages, and most importantly, subjective damages to an insurance company or jury in the most favorable light possible in an effort to maximize your recovery.