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If someone has caused a given accident, then that same person can be held liable for any resulting damages. Any person that gets injured as a result of that particular accident can seek monetary compensation. That compensatory damage award gets paid by the defendant, after the injured victim has filed a lawsuit against the responsible party.
In such a lawsuit filed with the help of injury lawyer in Hamilton, the plaintiff/victim claims a loss. Victims tend to suffer their personal injuries in places that expose individuals to an increased risk.
Examples of risky locations
A street or highway belongs on a list of such places. Each driver must rely on the willingness of other drivers to obey the rules of the road. The risky nature of the act of sitting at the wheel of a moving vehicle becomes obvious from these guiding words: Driver defensively.
Some workers face a good deal of risk in their workplace. Smart employers do their best to limit the degree of that risk.
Chances for an accident arise in any facility where medical or surgical procedures get conducted. That is why doctors spend money on malpractice insurance.
A commercial establishment of even a private dwelling that someone visits for the first time could contain a spot or two at which the guest might get harmed in some way. A smart host seeks to warn guests ahead of time, and thus seeks to prevent occurrence of an unfortunate accident.
Any person’s own home could become a risky spot, if a dangerous product has been brought into the home. If the resident had no way of knowing about that potential harm that could be done by that one product, then the maker or seller of that particular item becomes responsible for any personal injury.
Types of compensatory damages
Specific: This is the name for money that compensates a victim for medical expenses, lost wages, lost or damaged property and, in some cases, the cost of equipment needed to live with a disabling injury. If a victim has become disabled, then specific damages might include the loss of any ability to earn wages in the future.
General: This is the name used for money that must compensate for losses that do not have a clear monetary value. Those would be things like pain and suffering, emotional distress and permanent disfigurement. If an accident has resulted in the death of a victim, family members can ask to be compensated for funeral expenses or loss of consortium.
Regardless of which type of compensatory damage has been awarded, both types provide the court with a way to send a clear message. Every member of society is expected to respect the rights of others. Seeking to prevent accidents demonstrates such respect.