Thursday, April 5, 2012

Back Injury Compensation - Phoenix Personal Injury Law Firm | Elite ...

A back injury legal claim allows an injured person to receive compensation from the individual or entity that is responsible for the incident or accident that caused the injuries. Regardless of the cause, which most commonly is the result of a motor vehicle, slip and fall or workplace accident, the majority of claims regarding this type of injury are settled out of court and do not proceed to a civil trial. In many claims involving back injury, parties reach settlement even before a lawsuit is filed. Every case is unique and if your injury occurred in the state of Arizona, it is important to discuss your legal options with a Phoenix personal injury law firm.

Because the severity of a back injury can vary widely, from a strain or sprain to a spinal cord injury with paralysis, the value of a claim is determined on a case by case basis. Typically, compensation includes a combination of both economic as well as non-economic damages. Economic damages are actual monetary losses due to money spent paying accident related bills and expenses and also lost wages that a victim is unable to earn because of injuries. Compensatory damages of this nature can include past, current, and future medical expenses as well as lost income and future earning capacity. Compensatory damages that are considered non-economic can include emotional distress, pain and suffering and loss of consortium. Many people have not heard the term ?loss of consortium? and it refers to a victim?s spouse and children being deprived of companionship and a normal and loving relationship. This can also include the loss of a sexual relationship in a marriage. In certain states these damages can be included as part of the compensatory award damages, while in other states family members that are affected are required to file a separate lawsuit. Your Phoenix personal injury law firm will apprise you as to which damages are appropriate in your particular case and will carefully explain how the laws apply.

Punitive damages are awarded in rare circumstances in a case involving back injury. The plaintiff must establish proof that an action or inaction on the part of the defendant caused the accident and was more than just common negligence. In most cases punitive damages are only awarded after a case has gone through a civil court trial and the jury has decided that these types of damages are indicated. The conduct of the defendant has to be considered egregious or outrageous for punitive damages to be awarded. In order to maximize compensation in a back injury claim, it is in a victim?s best interest to take advantage of the free case review offered by a Phoenix personal injury law firm.

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