Damages are awarded for suffering injury while compensation stands on a higher footing. Damages when simply stated are a legal remedy which is usually in the form of money, paid by the court in a civil litigation to compensate an injured party for their loss, suffering or an injury.
Q. Which type of civil law would apply to a dispute between two people?
Civil law refers to law governing disputes between private parties. In civil cases, the plaintiff sues the defendant to obtain compensation for some wrong that the defendant has allegedly done the plaintiff. Tort law covers torts, or civil wrongs—injuries done to someone’s person or property.
Table of Contents
- Q. Which type of civil law would apply to a dispute between two people?
- Q. How are damages calculated in tort?
- Q. Can you sue for emotional pain and suffering?
- Q. What is a pain and suffering claim worth?
- Q. How do I get the most money from a car accident?
- Q. How are auto accident settlements calculated?
- Q. How long does it take to get a settlement after an accident?
Q. How are damages calculated in tort?
The measure of contractual damages is the difference between “the true value of the asset and its value with the quality as warranted”, whereas the measure of tortious damages is the difference between “the true value of the asset and the price paid”.
Q. Can you sue for emotional pain and suffering?
Emotional injuries are very real. Fortunately, the law in California recognizes that fact and allows victims to recover for their mental anguish or emotional suffering. So when people ask us, “Can you sue for emotional distress in California?” the answer is yes.
Q. What is a pain and suffering claim worth?
The more severe, the more your number is multiplied by. For example, if a person has $4,000 in medical bills because of a torn ligament, they might multiply that amount by two. This would determine their pain and suffering value to be $8,000.
Q. How do I get the most money from a car accident?
Here is how to get the most money from a car accident.
- Remain at the Scene of the Accident.
- Gather Information at the Scene.
- Obtain Witness Information.
- Seek Medical Treatment.
- Report the Accident to Your Insurance Carrier.
- Keep All of Your Bills.
- Keep a Record of Your Injuries and Recovery.
- Keep Going to Your Doctor.
Q. How are auto accident settlements calculated?
To determine the settlement offer amount for pain and suffering, emotional damages, and permanent disabilities (general damages), the adjuster will multiply the amount of special damages by roughly one and a half to three in situations where the injuries are minor.
Q. How long does it take to get a settlement after an accident?
It is rare for a personal injury claim to be resolved in a short amount of time. It is much more common to see a longer time-frame, particularly when certain factors are present. Often, personal injury claims take around eight months to a year, but this is only an average and will not reflect everyone’s experience.
