Tortious Liability and Special Lawyer Protections, Pt2

Non-Economic Damages in
Personal Injury Cases

These damages may include pain and suffering, emotional distress, loss of consortium, disfigurement, and loss of enjoyment of life.

Non-economic damages are typically awarded in personal injury cases, such as medical malpractice or car accidents. They are intended to compensate the plaintiff for intangible losses that cannot be easily quantified.

In addition to physical pain, plaintiffs may also experience emotional distress and psychological trauma. The loss of a limb or the inability to perform certain activities can lead to depression, anxiety, and other mental health issues. Plaintiffs may also suffer from post-traumatic stress disorder (PTSD) due to the traumatic event that caused their injury. PTSD can cause flashbacks, nightmares, and difficulty sleeping. All of these losses are non-economic in nature but can have a significant impact on a plaintiff’s quality of life.

The courts recognize that these non-economic losses are real and compensable. In some cases, plaintiffs may be able to recover damages for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses resulting from their catastrophic injuries. These damages are typically awarded in addition to economic damages such as medical bills and lost wages.

In addition, the plaintiff may experience a decrease in quality of life due to physical pain and discomfort, reduced mobility, or other physical limitations. The plaintiff may also suffer from depression or anxiety due to the inability to engage in activities that were previously enjoyed. Furthermore, the plaintiff may incur additional medical expenses as a result of the injury, such as for medications or treatments. All of these factors can contribute to a decreased quality of life for the plaintiff.

In addition, the family members may also be able to sue for medical malpractice if they can prove that the doctor was negligent in failing to conduct an appropriate differential diagnosis. To do this, they would need to provide evidence that the doctor failed to meet the standard of care expected of a reasonable doctor in similar circumstances. This could include expert testimony from another doctor who is familiar with the standard of care expected in such cases. The family members would also need to show that this negligence caused their father’s death and resulted in damages, such as lost wages and medical bills.

Juries may also be influenced by the facts of the case, the credibility of witnesses, and their own personal beliefs and values.

Supporters of tort reform argue that caps on non-economic damages are necessary to protect businesses and medical professionals from excessive awards. They also argue that caps will help reduce the cost of healthcare by reducing the amount of money paid out in malpractice settlements. Opponents of tort reform argue that caps on non-economic damages limit the ability of injured parties to receive fair compensation for their losses, and that such caps can lead to a decrease in quality of care as medical professionals are not held accountable for their mistakes.

Proving Fault and Damages in
Personal Injury Cases

Negligence is a failure to act as a reasonable person would in the same situation. Negligence is usually determined by examining what a reasonable person would have done in the same circumstances. If it can be shown that the defendant failed to act as a reasonable person would have, then he or she may be found liable for negligence.

1. Breach of Duty: This is when a person or entity fails to fulfill their legal obligation to act with reasonable care, resulting in harm to another person or property.

2. Negligence Per Se: This is when a person or entity violates a law that was designed to protect the public from harm, and as a result, causes injury or damage.

3. Contributory Negligence: This is when both parties are at fault for an accident, and one party’s negligence contributes to the other party’s damages.

4. Comparative Negligence: This is when both parties are at fault for an accident, but each party’s negligence is weighed against the other in order to determine who should be held liable for the damages caused.

  • Negligence Per Se
  • Comparative & Contributory Negligence
  • Vicarious Liability/Respondeat Superior
  • Third-Party Liability
  • Strict Liability
  • Actual and Proximate Cause
  • Economic Damages
  • Non-Economic Damages
  • Punitive Damages
  • Tort Reform

In order to prove negligence, the plaintiff must show that the defendant had a duty of care towards them, and that this duty was breached. The plaintiff must also show that the breach of duty caused their harm, and that they suffered actual losses or damages as a result. The plaintiff must also demonstrate proximate causation, meaning that the event in question has a causal connection to the losses that the law recognizes.

The standard of care is determined by the professional’s peers and is based on what a reasonable person in the same profession would do under similar circumstances. It can vary depending on the situation, but generally includes providing competent services, using appropriate methods, and exercising reasonable care. Professionals must also be aware of any changes in their field and keep up with current standards of practice.

In order to prove malpractice, a plaintiff must show that the professional failed to meet the standard of care and that this failure caused harm or injury to the plaintiff. If successful, the plaintiff may be awarded damages for medical expenses, lost wages, pain and suffering, and other losses related to the malpractice.

What Are Defenses to 
a Negligence Lawsuit? 

The defendant may also try to prove that the plaintiff was partially or wholly responsible for his or her own injuries, which is known as contributory negligence. This defense can be used to reduce or eliminate the defendant’s liability. The defendant may also argue that the plaintiff assumed the risk of injury by engaging in a dangerous activity, such as skydiving or bungee jumping. Finally, the defendant may argue that the plaintiff’s damages are not recoverable because they are too speculative or remote.

Other affirmative defenses that may be available to a defendant in a personal injury lawsuit include assumption of the risk, statute of limitations, and release or waiver. Assumption of the risk is an affirmative defense that can be used when the plaintiff voluntarily assumed a known risk. The statute of limitations defense is based on the fact that a claim must be brought within a certain period of time after the injury occurred. Finally, a release or waiver is an agreement between two parties that releases one party from liability for any future claims arising out of the same incident.

The last common defense to negligence is contributory negligence. This doctrine states that if the plaintiff was partially responsible for his or her own injury, then he or she cannot recover damages from the defendant. For example, if a plaintiff fails to wear a seatbelt while riding in a car and is injured in an accident, the defendant may argue that the plaintiff’s failure to wear a seatbelt contributed to his or her injuries. If this argument is successful, then the plaintiff will not be able to recover any damages from the defendant.