How do personal injuries happen? It is not uncommon for a physical, mental or emotional injury to result from any one of the following scenarios:
- Dog Bites
- Sexual Harassment
- Assault and battery
- Construction Accidents
- Premises liability
- Product liability
- Wrongful death
Because the defendant in a personal injury lawsuit is almost
always an insurance company, it is essential your law firm approach the case
with a solid and informed strategy.
Representing Los Angeles personal injury clients
The law protects anyone from suffering the economic effects of a physical injury caused by others, which includes direct compensation for out-of-pocket expenses (costs associated with medical care), as well as indirect costs, such as lost earnings and pain and suffering. Physical disabilities or disfigurements are compensable. Also compensable are loss of social, educational and family experiences due to the injury, plus emotional effects such as stress, embarrassment, depression and post-traumatic stress disorder. Recent court rulings even place a value on “loss of consortium,” the inability to engage in sexual relations attributed to physical or emotional damage.The monetary compensation a plaintiff can expect from a successful case depends on the facts of the claim, and the nature and extent of the injury. Severity is determined by these factors:
- Pain intensity
- Extent of medical treatment required
- Obviousness of injury (medical evidence is valued higher than claimed symptoms)
- Extent of recovery period
- Permanence of injuries
- Treatment via physicians compared to physical therapy, chiropractic and other non-physicians
If you, the plaintiff, are found to be partially responsible for the injury, the award amount will likely be decreased. But partial fault does not necessarily eliminate an award.
Personal Injury Attorneys Explain “The Hot Coffee Case”
Quickly, the 79-year-old became the face of “frivolous lawsuits.” ABC News even nicknamed the case “the poster child of excessive lawsuits.” McDonald’s, along with other corporations and lawmakers, seized the opportunity to promote the idea that everyday people were using their injuries as a way to get rich quick. McDonald’s launched a public campaign attacking Ms. Liebeck and distorting the facts so that it seemed she was driving while drinking hot coffee and spilled the liquid on herself, the burns being caused by her own irresponsibility. Many people believed Ms. Liebeck was trying to recover a large amount of money from the company for a minor injury.
Ultimately, a jury returned a unanimous verdict for Ms.
Liebeck finding her 20 percent at fault and McDonald’s 80 percent at fault. She
was awarded $160,000 in compensatory damages and $2.7 million
in punitive damages. In awarding that particular amount of punitive
damages, the approximate amount of two days of coffee sales, the jury intended
it to be substantial enough that it would cause McDonald’s to change its
behavior and indifference to the injuries of its customers. Ms. Liebeck’s award
was subsequently reduced by a judge to $480,000 and settled by the parties for
a confidential amount.
Soon after, companies began to appeal to the federal government
to change tort laws. They successfully passed a Tort Reform Act
through Senate but it was vetoed by President Clinton.
However, companies have still not given up their efforts to get laws passed
that affect a victim’s ability to be fully and fairly compensated. They have
instead focused on individual state laws and have successfully had caps, or a
maximum amount of damages that can be awarded in a given case, put in place in
several states.
Tone: http://www.sodorolaw.com/CM/Custom/Attorneys.asp
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