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Recovery of damages by the plaintiff in any lawsuit is limited by the principle that any damages must be proximately caused by the wrongful conduct of the defendant. This principle covers all compensatory damages, whether the underlying claim is based on contract, tort, or both. Damages must be reasonably foreseeable by the defendant. If a defendant could not reasonably have foreseen that someone might be hurt by defendant's actions, there may be no liability.

This rule does not usually apply to intentional torts-- as an example, tort of deceit -- and also has limited applicability wherever the maxim Intended consequences are never too remote applies. Expert testimony

The plaintiff, lawyers or the defendant may wish to employ forensic accountants or economists may give evidence on the value of the loss. If so, these persons may be called upon to give opinion evidence as an expert witness.

Compensatory damages

Compensatory damages are paid to compensate for injury, loss, or harm suffered as a result of a defendant's breach of duty causing the loss. Thus, compensatory damages may be awarded for a negligence claim under tort law. Expectation damages are used in contract law to restore an injured party to the position they would have occupied but for the breach. Compensatory damages can be classified as general damages or specific damages.[8] Quantum (measure) of damages

In order to receive an award for damages, the claimant must prove that it is more probable than not that that a defendant's wrongful act caused a tangible loss, harm, or injury to the plaintiff. Once that threshold is met, the plaintiff is entitled to some amount of compensation for that loss or injury.The court must then assess the amount of compensation attributable to the harmful acts of the defendant. The amount of damages a plaintiff would recover is usually measured on a loss of bargain basis, or expectation loss or economic loss. This concept reflects the difference between the value of what has been received and its value as expected.

Damages are usually assessed at the date of the tort, though in England and Wales, if justice requires the assessment of damages as of some other date, then thhis other date may be used. If an agreement is entered into whereby company shares were exchanged for loan notes which were only redeemable if certain profit thresholds were achieved in the certain accounting years, and if the thresholds were not met, the loan notes were not redeemable; however, at the date of the advisors' breach of contract this could not have been known, and only the loan notes' face value could be known, then in this case valuation could not be done until after the profit performance had been established.

What Type of Damages Can You Recover After a Auto Accident

Traffic accidents are a serious problem in the United States. According to the U.S, government, over 36,000 people died from motor vehicle crashes in 2018 alone. In Florida, there were more than 3,200 fatal accidents that same year: an increase of almost 2% compared to the previous year. Non-fatal injuries resulting from auto crashes also increased by 4%, to early 250,000 in 2018. Auto accident fatalities and injuries are significant public health problems.

After an auto accident, you may be eligible to receive money. You could get compensation for non-economic and economic damages caused by the accident. Non-economic damages are losses that do not have an exact dollar value, such as emotional distress. Economic damages, including lost wages due to missed work or medical bills are easily quantifiable. Understanding what kinds of recoveries you may be eligible for after an auto accident is important to ensure that all your needs are met following this traumatic event.

Understanding Auto Accident Damages

Being involved in a auto accident is a traumatic experience, and the financial consequences of such an event can be significant. It is crucial to understand what types of damages might be available to you so that you are aware of all your options for overcoming this difficult situation. Knowing what kinds of compensation might available can ensure that all your needs are covered following this difficult event.

Financial Cost of Auto Accident Damages

In 2018, total economic damages from motor vehicle accidents in the United States exceeded $237 billion. This figure includes direct expenses such as medical bills, property damage, and lost wages due to missed work, as well as indirect costs such as a decline in the quality of life and long-term medical expenses. In Florida alone, motor vehicle crashes caused more than $9.2 billion in total economic damages, an increase of 6% over 2017.

The financial cost of these auto accidents is felt by individuals and by society at large. Individual victims may be eligible for a number of types of compensation including financial losses related to property damage or medical bills, non-economic damages, punitive damages for particularly egregious acts of negligence on the part of the driver responsible for the accident, and even funeral expenses when applicable.

Not all forms of compensation are equal. Medical bills can be easily quantified with receipts, but non-economic damages are much harder to calculate since they are subjective. Moreover, insurance companies may attempt to limit the amount paid out by offering lower settlement amounts than what is actually owed, making it important for survivors or their families to seek legal counsel after an auto accident to ensure fair results for all parties involved.

The cost of auto accidents also goes beyond just financial losses. Beyond the physical harm suffered by victims and their families, motor vehicle accidents, also increase stress levels among witnesses and survivors resulting in higher rates of depression and post-traumatic stress disorder. This stress can lead to further psychological trauma requiring medication or additional therapy, adding yet another layer of expense onto an already expensive situation. It is therefore essential that victims of auto accidents receive comprehensive help not only during their initial recovery period but also over time as they deal with ongoing mental health support services like support groups or counseling if needed.

Types of Auto Accident Damage Categories

Auto accidents can be catastrophic, causing physical harm to victims and their families as well as significant financial pain. Understanding the different types of damages available following an auto accident is essential to ensure that all your needs are met. There are economic recoveries such as medical bills and property damage, non-economic damages like pain and suffering or emotional distress, for particularly egregious acts of negligence by a driver responsible for an accident, and even funeral expenses when applicable. Knowing what kinds of compensation are available for your situation can ensure that you receive complete compensation for any losses incurred due to a motor vehicle accident.

Economic Damages

Loss of earning capacity

Medical expenses

Lost wages

Property damage

Rehabilitation costs

Funeral expenses

Diminished value of property

Vehicle rental fees

Legal fees

Non-Economic Damages

Loss of consortium

Emotional distress

Loss of enjoyment of life

Disfigurement

Loss of reputation

Mental anguish

Wrongful Death Damages

Pain and suffering endured by the deceased before their death

Loss of future income or benefits

Funeral and burial expenses

Loss of companionship, comfort, guidance, and advice

Medical bills incurred as a result of the fatal accident

Mental anguish suffered by surviving family members due to the loss of a loved one

Loss of inheritance caused by premature death

Punitive Damages

Punitive damages are a form of compensation awarded against a party who has acted with negligence or intentional misconduct. Punitive damages are an additional punishment for egregious behavior and can be imposed on top of any other forms of recoveries available. These types of damages deter similar conduct in the future and hold wrongdoers accountable for their actions. In some cases, punitive damages may exceed economic losses to a victim because of the severity of an offender’s behavior. It is important to note, however, that punitive awards are rarely granted. It is important for those seeking such damages after an auto accident to seek legal advice to determine if they qualify for punitive damage recoveries.