Differences Between Compensatory and Punitive Damage Awards

When an individual is injured in a car, truck or motorcycle accident and someone else is at fault; that person can reasonably expect to be compensated for costs related to the injury. These costs can include medical bills, damaged property, lost wages and other practical expenses that result from the accident. Money awarded by the court for these types of expenses, through the process of a personal injury lawsuit, are called compensatory damages.

However, seriously or permanently injured accident victims may want to consider making a petition for punitive damages as well. This type of compensation is awarded when the person who caused the accident was grossly negligent in some way, for example, driving while under the influence of alcohol or drugs, and the victim experiences emotional pain and suffering as well as physical trauma.

Emotional pain and suffering awards can potentially be significantly larger than some compensatory damages, but many factors can affect the outcome and award amount. The definition of pain and suffering has a relatively limited scope, but can include permanent disability, disfigurement, loss of companionship or significantly reduced the quality of life.

In California, for an accident victim to be awarded punitive damages, certain standards must be met. For compensatory awards, the level of proof required to win a personal injury lawsuit is by a preponderance of the evidence. That means that if it can be shown that is more likely than not that the defendant caused the accident, then they will be found guilty and must pay the compensatory award amount set by the court.

For punitive damages to be awarded, it must be shown by clear and convincing evidence that the defendant not only caused the accident but also showed malice or careless disregard for the safety and welfare of others through their actions.

Even with these fairly standardized guidelines, personal injury cases involving motor vehicles can be quite complex. There are some other factors, beyond the level of proof required, that can affect the outcome.

An attorney who is familiar with and knowledgeable about the complex laws surrounding personal injury in California can help injured victims understand their rights and evaluate the viability of a cased based on the available evidence. That’s why an experienced and professional California personal injury lawyer from the law offices of Guldjian Law APC may be able to assist victims by providing information regarding resources that can help accident victims recover from the emotional fallout.

Sources: http://www.remappingdebate.org/california-civil-code-%C2%A7-3294-exemplary-damages-when-allowable-definitions

Burbank Personal Injury Attorneys Have You Covered

Vehicular accidents are commonplace in the are of Burbank California. In fact, thousands of them occur each year and unfortunately end in death. The people who do end up surviving these accidents are often riddled with severe injuries such as broken bones, burns, paralyses and deep emotional scars and mental images. The good news is that you can receive assistance with the aftermath of a vehicular accident by contacting a reliable personal injury lawyer in Burbank such as Guldjian Law. The attorney can help you put your life back on track after a devastating occurrence.

What Burbank Personal Injury Lawyers Cover

Vehicular accidents are the Burbank personal injury lawyer’s most frequently covered accidents. They can help with injuries from motorcycle accidents, bicycling accident, truck collisions, and car crashes. Burbank personal injury lawyers can cover a wide variety of accidents, not just vehicular accidents, however. Some other incidents that such attorneys cover are incidents such as slip-and-fall occurrences, dog bites, product liability, medical malpractice and the like. Personal injury attorneys are in business to care for anyone who has fallen victim to neglect.

What Personal Injury Lawyers Can Do

Burbank personal injury attorneys can take several roles. They can act as a person’s comforter and confidant at a time when that person feels weak about the incident. Personal injury lawyers can also request compensatory and punitive damages from the offender for the victim’s injuries. Compensatory funds compensate the individual for his or her medical bills, therapies, auto repair, work wages, household bills and the like. Punitive damages are additional funds that the judge might order upon someone who is extremely neglectful in an accident. For example, the judge may make a drunk driver pay extra money for the lack of concern that person displays for other people’s lives.

Contact a Burbank Attorney Today

You can contact a Burbank car accident attorney today and receive assistance in your time of trouble. Someone will schedule a free consultation for you. During the free consultation, you will provide some details to the attorney, and he will assess those details. He will offer you representation, and then you can draw a conclusion as to whether you would like the firm to represent you. Personal injury cases are usually no-risk cases, which means that you will lose nothing but gain everything by hiring an attorney to fight for you.

I Was Involved In A Orange County Motorcycle Accident – What Should I Do?

If you are involved in a motorcycle accident, you need to remember to do the correct things in case you need to go to court after the accident in the event of injuries and harm to yourself. Knowing what to do can make a huge difference if you need to make a filing.

Document Information About The Accident

An accident is a stressful time. Being in a motorcycle accident can be very scary, but it is important that you keep calm when it happens. You need to write down a description of how the accident took place and details are important. Note the time of day and where it happened. This is critical if the case would go to court. The lawyer will need to have this information to proceed with your case properly. The more detailed the information, the better because the lawyer will be able to develop the case around what you have written down.

Get All The Necessary Contact Numbers Of People That Were Involved

After being in an accident with a motorcycle, you should make sure that you get the other driver’s name, address, phone and insurance company information. This will all come in handy, especially if you have an injury. Receiving the settlement that you deserve is crucial. You will want to make sure that you have the information so that your lawyer can present in a court of law.

Enlist The Help Of An Experienced Lawyer

A good motorcycle accident attorney in Orange County is necessary especially if you have been injured. Make sure that you find one that is practiced in personal injury lawsuits so that you can recoup the amounts that are needed to if you have to file a lawsuit.

Recovering From Injuries

You want to keep track of all the expenses that you incur after your accident. If you need to go to the hospital, you will want documentation of this. Likewise for any amounts of money you lost from your work. This is all necessary for the court case, and an Orange County motorcycle accident lawyer will need the information.

You will be glad that you follow the tips above if you are in a motorcycle accident. It can make all the difference in the world when you receive monies that are due to you if you are injured.