In any case where you are injured or incur damages because of the negligence of another person, the law says you are entitled to be “made whole” by the person or entity whose actions caused you harm. Put another way, you are entitled to be put back in as good a position as you were in prior to the accident. Generally speaking, an injured party is entitled to damages caused in the accident, including:
- Past, present, and future medical bills
- Past, present, and future loss of income or property
- Past, present, and future pain, suffering, and emotional distress
- Past, present, and future loss of a normal life
When your damages are a loss of property or a loss of income, being “made whole” is a relatively straight forward issue. You are entitled to the value of the income or the property that you lost. An experienced attorney can help you avoid the pitfalls that sometimes prevent injured people from recouping the full value of their income or property loss.
Unfortunately, there are damages for which you can never be “made whole.” For example, a man who is paralyzed from the waist down in an accident may never be able to walk again or live the life he would have lived before his injury. Likewise, a woman who is badly injured in an accident and has to undergo multiple surgeries over several years before she returns to normal, never gets that time back. She doesn’t get to go back in time and be pain free for that period, or go on that once in a lifetime family vacation she had to miss out on. Since it is impossible to put the injured person back in the position he or she was in before the accident in these cases, the law says he or she is entitled to the monetary value of what he or she lost. An experienced attorney knows how to document and prove the fair market value of the damages in question.
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