The Elements of Damages in Lawsuits
When damages are awarded in a lawsuit, the purpose is to restore the plaintiff to the state that he or she was in prior to the defendant’s negligent acts. California accident attorneys like Samer Habbas are very familiar with the elements of damages in lawsuits. There is a variety of different elements to consider, such as:
- Property damage
If the plaintiff sustained any damage to property resulting from the defendant’s negligence, a court or jury may award a monetary sum to the plaintiff to cover that loss.
- Physical injuries
Damages for physical injuries is one of the more common and obvious reasons that a court or jury would award damages in a lawsuit.
- Pain and suffering
The pain and suffering caused by the negative actions of someone or something is also one of the more basic elements of damages in a lawsuit.
- Loss of consortium
Most people assume that loss of consortium applies to only to the marital relationship between husbands and wives. However, loss of consortium can also apply to other members of a family affected by the defendant’s negligent acts.
- Loss of function
If the negligent actions of an individual or entity result in the plaintiff losing the function of sight, smell, hearing, physical ability or some other function, this element can be one of the larger portions of damages.
- Residual or permanent damages
If a plaintiff can prove that the negative actions caused residual or permanent injury, the amount of damages awarded can increase significantly.
If you or someone you care for has been harmed by the negligent acts of another or if you have questions about the elements of damages in a lawsuit, contact Irvine personal injury attorney Samer Habbas today to schedule a free consultation.