When people get hurt due to someone else’s actions, how do they figure out their damages? At James T. Kratovil Law Offices, PLLC, in Charles Town, WV, the personal injury attorneys represent individuals seeking damages for their injuries and losses. Backed by 85 years of experience, they explain how courts determine damages below.   

Individuals seeking civil damages must prove their claims under the “preponderance of the evidence” standard. In other words, their evidence must prove it is more likely than not that an action or event occurred. Courts award general and special damages, called compensatory damages, and punitive damages in civil cases. Here are the basic types of damages:  

• Special Damages: Special damages are easy to determine in personal injury cases because they have specific dollar values. Examples include medical bills, vehicle repair or replacement costs, and lost wages. 
• General Damages: General damages, such as pain and suffering or the value of a person’s life, are more difficult to determine. When negotiating settlements, personal injury attorneys use a multiplier of the total special damage amount. In jury trials, jurors are authorized to decide the amounts based on their common sense and enlightened consciences.
• Punitive Damages: West Virginia courts can award punitive damages after awarding compensatory damages. Punitive damages are based on proof that the defendant acted intentionally, maliciously, and with criminal indifference to the injured person’s rights or the defendant’s civil legal obligations. For example, when DUI drivers hurt people, injured parties may seek punitive damage awards in their personal injury cases by showing the drunk drivers’ reckless conduct.

Pursue your damages claims with help from the experienced personal injury attorneys of James T. Kratovil Law Offices, PLLC, in Charles Town, WV. Visit their website now for more about their practice areas, including bankruptcy, and call (304) 728-7718 to make your consultation appointment.