OVERVIEWS

Obtaining Compensation

Personal Injury Overviews

Our legal system is designed to force a tortfeasor to place the person he injured in the same position the person would have been in but for the injury. In other words, the tortfeasor must make him the same again. Sometimes this is impossible, of course, depending on the nature of the injury. As a general matter, money is the tool used to place the injured person where he otherwise should be. A price is demanded for the things necessary to achieve that end, and this is where the attorney comes in. The attorney for an injured person who, for example, hurt his back in a car accident, may demand compensation from the tortfeasor for the costs expended to repair the person's wrecked car, the wages the person lost and will lose from his inability to work as a result of his injuries, the bills the person has paid and will have to pay for his medical care, and the pain and suffering the person experienced from the accident. He may even claim that the tortfeasor, instead of his client, should pay his fees in the case, as well as any costs that were incurred as a result of demanding the compensation. In a few circumstances where the tortfeasor's conduct was especially egregious, damages to punish the tortfeasor may be sought, called punitive damages.

If the tortfeasor purchased an insurance policy to protect himself from paying persons he injures, such as with automobile insurance, the insurer may have to compensate the injured person for as much as the insurer had promised in its policy. If the tortfeasor does not have the money nor the insurance to compensate the injured person, the person may be out of luck and have no recourse. Also, if the person died as a result of his injuries, the spouse or children of the person may be eligible to receive some of the compensation for the damages in his place, as well as for some damages they may have directly suffered as a result of his injuries or death. It is the attorney's job to resolve these issues and to see that his client receives all the compensation to which he is entitled.

 
 
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