It’s essential to gauge the strengths and weaknesses of your injury case before deciding on the next steps. You should be able to assess the amount of time that has passed since you made your last claim and the number of punitive damages you’re likely to receive.
Punitive damages
Punitive damages are awarded when the defendant has caused severe harm to another person. They are meant to deter other people from doing the same thing. However, punitive damages are not consistently awarded in personal injury cases. The number of damages awarded will depend on a variety of factors.
In most states, the jury will decide the severity of the injury and what type of damages should be awarded. This will be done using subjective and objective factors.
If the damages awarded are inadequate, the plaintiff may be able to recover punitive damages. These are awarded in addition to the compensatory damages. While compensatory damages are awarded to compensate the victim for their losses, punitive damages are awarded as a punishment for the defendant’s negligence.
A quality personal injury attorney can assess the strengths and weaknesses of your case. This will allow your attorney to determine if your claim is valid and if it is worth pursuing.
Mitigating factors
If you are injured in an accident, you must take reasonable steps to mitigate your damages. These can include seeking medical treatment and seeking alternative employment. Failure to do so can make you vulnerable to lawsuits.
A personal injury case can be brought when someone’s negligence causes you to suffer an injury. This can be due to an auto accident or someone failing to maintain a building.
The court must consider whether the defendant is taking reasonable steps to avoid or reduce damages. For example, the defendant might look at the victim’s financial situation to see if there are reasonable measures to reduce the damages.
The defendant may also claim that the plaintiff did not follow the doctor’s orders or seek treatment promptly. This is an affirmative defence. However, it is only sometimes valid.
Another possible mitigation factor is the defendant’s criminal history. Sometimes, a minor involved in a crime can have a much lighter sentence than an adult.
