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Showing posts with the label damages of injury

Damages of injury

Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts result in both special and general damages. Four things must be proven in order to hold a party or parties legally liable for injuries so damages can be awarded: The party had a duty to act reasonably according to the circumstances. The party breached the duty. The party’s breach of the duty caused you to be harmed. You suffered monetary damages due to the harm you suffered when the party breached its duty of care. The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause inten...