MVA Lawyer Melbourne, FL

If you have been in a motor vehicle accident, you should call an MVA lawyer in Melbourne, FL from Arcadier, Bigger & Wood, PLLC. 

The Types of Damages in aMotor Vehicle Accident Case

The words “damage” and “injury” are often used synonymously in personal injury cases, which can lead to confusion over there actual legal definitions. When a person, with limited knowledge, hears the word “injury,” they might think of something physical, like a cut or broken bone, and when they hear “damage,” they typically understand it to mean something done to a property, like a dent in a car or a broken window. In legal terms, however, these two words have come to represent a financial loss to the client, which makes them somewhat synonymous. Although, the more appropriate term to describe this financial hardship is “damage,” which is why, in most instances, you hear of Melbourne, Florida MVA lawyers seeking damages on behalf of their clients in civil actions. These actions can typically result in a plaintiff receiving one or two types of judgments: compensatory and punitive damages.

Compensatory Damages

As a car accident attorney Melbourne FL families trust might explain to you, compensatory damages are financial losses that typically have proven value, though not always. For example, medical expenses or income are tangible and measurable losses. You will usually be able to show bills, receipts, pay stubs, and invoices to show the loss and how the accident led to the expense or loss. However, some things, like psychological trauma, are more challenging to prove resulted from the incident, and therefore can be challenging to establish the cause. Although, despite this issue, pain and suffering are connected to compensatory damages because they can represent a proven financial loss.

Punitive Damages

In personal injury cases, punitive damages are not common because they stand to punish the defendant for what most often was an accidental injury. Therefore, punitive damages exist to serve as compensation to victims of a purposeful and, most times, a malicious act of negligence. In these cases, the defendant is accused of intentionally or knowingly causing harm to the victim. Most cases that involve punitive damages might also result in or run alongside a criminal proceeding. These cases can include assault, criminal negligence, or even wrongful death.

An MVA lawyer in Melbourne, FL can help you to understand whether or not you will be able to recover punitive damages. The terms “damage” and “injury” come to represent a financial loss or hardship to the victim in a courtroom. However, on a grander level, these terms constitute compensation and potential reward for the victim of a negligent act. True, not every personal injury claim stems from intentional action, but every physical injury and loss of property does result in a financial loss, regardless of intent. If you are the victim of an accident, then contact a local MVA lawyer in Melbourne, FL  to discuss your next steps.