If you receive injuries due to the negligence of another person, Kansas law may allow you to recover compensation from the at-fault party. Damages is the term often used to describe this compensation. When a claim meets all the legal requirements, the calculation of damages includes two types of compensation: Special or economic damages and general or non-economic damages. In this discussion, the personal injury lawyers at Sloan Law Firm explain what those types of compensation include.
Special damages in a personal injury case compensate the injured victim for economic or financial losses. This type of compensation reimburses the injured person’s monetary losses for items such as medical and hospital bills and rehabilitation and treatment costs (including future expenses), as well as lost wages and loss of future earning ability.
Economic losses are partly straightforward to determine. A number can be calculated based on the bills and costs for medical care and losses relating to work earnings. Future expenses and losses relating to long-term or permanent injuries that affect the ability to work can be more difficult to prove. In some cases, it may be necessary to use medical or financial experts to demonstrate future losses for medical costs and employment, since speculative losses are not recoverable in a personal injury case.
General damages reimburse the injured person for non-economic losses. By their nature, general damages are difficult to prove. They include compensation for non-monetary losses caused by the injury, such as pain and suffering, mental and emotional anguish, and loss of quality of life.
Lawyers and insurance companies have specific methods to use in determining the value of non-economic damages like pain and suffering. These methods take into account the nature of the accident, extent of the injuries, rehabilitation timeline, and period of recovery, as well as whether the injured person has long-term or permanent impairment or disability.
In a personal injury case where general damages are an issue, calculating the value of these damages involves a complicated process of reviewing all the relevant evidence and analyzing it to determine the victim’s non-monetary losses as the result of the injury. This task requires professional training and knowledge. Assistance from a personal injury attorney is essential in calculating both special and general damages. Non-economic damages are especially difficult to establish.
Punitive or exemplary damages are a third type of damages that may be awarded in a personal injury case — but Kansas courts rarely award this type of damages. Unlike special and general damages, punitive damages do not reimburse the injured person for losses. They punish the at-fault person who is responsible for the injury.
Under Kansas law, punitive damages can only be awarded in the case of willful or wanton conduct, fraud, or malice on the part of the at-fault party. The injured party must request the trial judge’s permission to make an exemplary damage claim and provide specific evidence in support of the request. If the court allows a punitive damage claim, a separate hearing is held to determine the amount of punitive damages.
If you suffer an injury in an accident that may be someone else’s fault, calculating the compensation you may receive under Kansas law is just one complex part of the process of making a personal injury claim. Whether your injuries happen in a car accident, slip and fall, or another type of accident, the legal process of proving your claim involves numerous issues that must be addressed.
For example, an auto accident claim in Kansas must be evaluated under the state’s no-fault statute. In addition, for any type of personal injury claim, issues and evidence relating to comparative negligence can reduce your compensation.
If you think you may be entitled to compensation from a person who was at fault for your injury, one of your first steps should be to talk with a knowledgeable personal injury lawyer. If you engage in discussions with the at-fault party’s insurance company or make assumptions about how your claim will proceed, you could seriously jeopardize your ability to recover on your legal claim.
If you receive an injury and wonder if you have a personal injury claim, getting professional advice and analysis is the best way to protect your right to compensation. Contacting a lawyer as soon as possible is strongly recommended. There is a time limit for filing a personal injury claim, and collecting evidence can be much more difficult if you wait to talk with a lawyer for an extended period after your injury. The sooner you talk with a lawyer, the sooner you can find out what legal rights you have and what options you may have for proceeding.
The accident and injury attorneys at Sloan Law Firm have the experience and knowledge to help you handle all aspects of a personal injury claim, including issues relating to the amount of compensation you should receive. From our offices in Topeka and Lawrence, our lawyers assist clients throughout the state. We invite you to contact us by calling (785) 357-6311 or using our online contact form.
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