Suppose you or a loved one became involved in an incident that caused physical or psychological harm. In that case, the law entitles you to damages. Here is a guide to help you understand the concept of damages. This knowledge can help you navigate the legal process to receive the compensation you deserve for your injuries.
Overview
Damages in a personal injury suit are a form of compensation for losses incurred due to the carelessness or intentional wrongdoing of another person or entity. An injured person, or plaintiff, may receive a financial award or compensation to cover expenses related to the injury, such as medical bills, lost wages, and pain and suffering.
Damages are awarded on a
case-by-case basis determined by either a jury, a judge, or through an out-of-court settlement. In some cases, family members may also be eligible for compensation if the injury has affected their relationship with the injured person.
In North Carolina, the statute of limitations to file a personal injury lawsuit is three years from the date of the injury. Thus, the victim or family members forfeit the right to file a lawsuit if the limit passes, regardless of how significant the injury may have been or how obvious the defendant's liability is.
However,
certain exceptions to this three-year deadline apply. For example, if the injured person is a minor or is "insane" or "incompetent" according to North Carolina law. The limit does not apply until circumstances that exempted the plaintiff changes. For example, if the plaintiff was a minor at the time the injury occurred, the three-year limit starts when the plaintiff turns 18.
Types of Damages
The three major types of damages in a personal injury suit are compensatory damages, punitive damages, and general damages.
Compensatory damages
Compensatory damages compensate a victim for their losses due to an injury. This
type of damage includes medical expenses, costs of living with a disability, lost wages, repair or replacement of property, and funeral expenses.
General damages
General damages are also non-economic damages and are meant to compensate plaintiffs for intangible losses associated with an injury. Examples of general damages include pain and suffering, loss of consortium, physical disability or disfigurement, loss of reputation, and loss of enjoyment of life. These damages are typically more difficult to quantify and damage awards may differ substantially between victims.
Punitive damages
Punitive damages are not intended to compensate the victim, but to punish the defendant for their actions and to deter them and others from engaging in similar behavior. Punitive damages occur when the defendant's behavior has been especially malicious or outrageous.
Usually, punitive damages are limited to cases that involve intentional misconduct, like aggravated battery, sexual assault, or fraudulent behavior. Courts usually limit punitive damages to less than ten times the amount of compensatory damages to avoid excessive punitive damage awards.
Receipt of Damages
A victim or family member related to the victim can collect damages via two main ways: a
negotiated settlement or a court award. When you deal with an insurance company, the process is usually straightforward and you'll receive a settlement check after you sign a release.
If you receive a court award, you may have to wait if the defendant decides to appeal. In some circumstances, the defendant may not be able or willing to pay. Thus, an attorney can help find hidden assets, place property liens, and garnish wages.
Alternatively, recipients of large damage awards may opt to receive their award over time in the form of a structured settlement. The structured settlement can provide tax benefits and a greater chance of recovery from the defendant.
Consult a lawyer to understand how to maximize your compensation in the settlement or damage rewards.
Contact us at The Law Offices of James B. Gillespie, Jr., PLLC for legal assistance with personal injury claims and lawsuits if you reside in Southeastern North Carolina.
