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Defining Damages in Personal Injury Actions

After an accident or incident, an injured party is often left devastated, injured, and in a financial crisis. In cases of severe financial loss, the victim must borrow money from friends, family and financial institutions to make ends meet. It is only natural to regain control of your life. In many instances the first step of regaining control is through your finances.

 

If you have been injured in an accident or incident, you may know the importance of obtaining monetary relief. As such, it is imperative that you reach out to a dedicated Nashville attorney today to enlist in their help.

 

Types of Damages Recoverable

 

After an accident or incident, any resulting damages will be categorized as direct or consequential damages. Direct damages are those damages that are incurred as a direct result of another’s wrongful or negligent conduct. On the other hand, consequential damages are other damages that occurred as a result of the incident although it may not be directly stemming from the accident or incident. Although there are two categories for causes of damages, there are three types of monetary damages recoverable in personal injury actions: special damages, general damages, and punitive damages.

 

  • Special Damages: Special damages are those damages or expenses that are actually incurred after an accident or incident. Some common types of special damages are medical expenses, lost wages, and personal property damages. Tennessee law requires the plaintiff to prove that the damages were incurred as well as the extent of damages. After successfully proving a claim, the plaintiff will be able to obtain compensation for the actual losses incurred. One way to successfully show the amount and extent of damages is to provide proof of medical bills, an accounting of lost wages, or submission of other receipts showing expenses such as repairs to a motor vehicle.
  • General damages: General damages are defined as those damages the law presumes to flow from tortious acts. The main difference between special damages and general damages is that general damages cannot be subject to any specific accounting. Instead, monetary relief for general damages are determined on a case by case basis in an amount determined by a jury. A common example of general damages is pain and suffering. General damages are typically more difficult to prove; Obtaining representation from a skilled attorney is often invaluable in these types of claims.
  • Punitive damages: Punitive damages are damages awarded to an injured party for the specific purpose of punishing a wrongdoer. They are additional damages provided in instances of willful or reckless conduct in an effort to deter future repetitive conduct of a similar nature.

 

Contact a Nashville Attorney for Help

 

A skilled Nashville attorney is always available to help you with any personal injury claim. Tennessee’s tort law provisions are complicated; as such, it is in your best interests to pursue compensation with the assistance of a legal professional. Don’t hesitate to contact a Nashville personal injury attorney today for more information.

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