David B. Switalski

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August 22, 2015 By David B. Switalski

If I’m Hurt By Someone Else … What Damages Can I Recover?

Unfortunately, people are hurt everyday because of someone else’s carelessness. Legally speaking, that carelessness usually falls into one of three categories: negligence (the automobile collision), intentional misconduct (a punch in the face), and strict liability ( the manufacture of a defective or dangerous product). Each one of these types of carelessness allows certain damages to be paid to the injured person, depending upon the facts of each case.

If you have been injured by the carelessness of another, you can expect to be awarded an amount of money that will fairly and adequately compensate you for your loss, injury, or damage, including any damage you are reasonably certain to incur or experience in the future. That award includes non-economic damages, which consist of your bodily injury and any resulting pain and suffering, disability or physical impairment, and disfigurement; mental anguish, inconvenience, or loss of capacity for the enjoyment of life; as well as economic damages, which consist of your medical, nursing, and hospitalization costs; lost wages; and loss of ability to earn income.

There is no exact standard for measuring your non-economic damages. In general, non-economic damages must bear some reasonable relation to the facts and the status of the parties. Economic damages, on the other hand, are determined as the math dictates. For example, lost wages are calculated based on the number of days or weeks of work missed and the rate of pay you were earning at the time.

One note on personal injuries caused by automobile collisions. To be entitled to non-economic damages for your injuries caused by an automobile collision, you must have suffered significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability other than scarring or disfigurement, significant and permanent scarring or disfigurement, or death. Absent one of these types of injuries, you are limited to recovering only your economic damages.

In the event you are injured by another person, contact David Switalski as soon as possible. It is important to act quickly to preserve your rights to compensation from those who caused your injuries. Any inquiries that you receive should be referred to Mr. Switalski. He will estimate the value of your claim and help you collect fair compensation for injuries and damage to your property.

 

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Our mission is to provide those members of our community who have been injured or killed by the negligence of another or who need to prepare for their eventual mental or physical demise with justice, dignity, and peace of mind. We work closely with each client to tailor our services and advice to their needs and goals. We represent individuals, not causes, and seek to empower our clients with knowledge of the law and of their rights. We counsel and fight, so that each person in need of help is justly compensated or prepared for their next stage in life.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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