Personal Injury Law
Being involved in a serious personal injury accident can be devastating in many ways. It can be overwhelming trying to navigate the legal system, especially while dealing with the pain and suffering from you or your loved one’s accident. Following a personal injury accident, it is important to contact a lawyer as soon as possible while memories are fresh and so evidence will not be lost and limitation deadlines are not missed. Spencer is committed to helping you feel heard and advocating for your rights.
The goal of personal injury law is to put an injured party in the same position they were in prior to their injury, monetarily speaking. In resolving a personal injury lawsuit, some of the factors a court will examine to come to a final decision include, but are not limited to:
Liability and causation
To hold someone liable for your injuries, it must be established that their actions or inactions fell below a required standard of care and that this resulted in your injuries.
Non-Pecuniary Damages
Non-pecuniary damages are what are commonly referred to as “pain and suffering” damages as they are designed to compensate a victim, as far as money can do, for the physical and emotional pain and suffering endured as a result of their injuries.
Contingencies and contributory negligence
In determining a damages award, a court may also account for contingencies and contributory negligence. Contingencies are reductions to the amount of damages awarded, based on factors unique to the client’s circumstance. Contributory negligence is a reduction to the amount of damages awarded if it is found that the victim of a personal injury incident was partially responsible for their injuries.
Pecuniary Damages
Pecuniary damages are damages that can be quantified in dollar amounts and include items such as: lost wages, lost home making capacity and out of pocket medical costs.
Aggravated and Punitive Damages
Aggravated and punitive damages may be awarded in certain cases where a wrongdoer’s conduct is so egregious that the court believes damages in addition to non-pecuniary and pecuniary damages ought to be awarded.