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Posted in Personal Injury on July 18, 2022   |  by Gary Burger

Personal Injury Damages Explained

Why Should You Recover for Someone Else's Negligence?

This goes back thousands of years both in our culture and in every religion on the planet. If someone, a person or a business, violates a safety rule in our community – if they go through a red light, if they are speeding, if they act carelessly while driving, if they are not keeping a proper lookout, a truck driver is too tired or he violates a rule, or a landowner has a dangerous condition of their property, or a lawyer or doctor does something wrong – whenever these societal rules that we have are broken and it causes damages to someone, the word “justice” means that those scales are balanced.

What it Means to Balance the Scales of Justice

And when you balance those scales, you don’t partially balance those scales. You don’t say “Hey, I have a personal view that pain and suffering damages should not be awarded, so I am only going to pay 80 percent of their damages. Or I don’t think wage loss damages or future medical or other components…” No, that is not how that works.

If you work a 40 hour work week and your employer comes in at the end of the week and says, “You know what? I know I owe you your paycheck. I am only going to pay you for 30 hours this week because I have a personal or philosophical view point that you should only get 30 hours a week or 75 percent of your damages.” That is now how it works.

So when I am trying cases and we are presenting claims to insurance companies, to truck companies, to corporations, to whatever entity we are pursuing a claim against, (and the person we are pursuing the claim against is the one who violated the rule, the safety rule that is meant to keep all of us safe, whether it is kids or adults or whoever,) when we pursue those claims, we insist on full compensation. Not “let’s not pay because the person had a back treatment before.” We don’t say, “Hey We are not going to give you 100 percent because I don’t believe in pain and
suffering.”

Thanks for reading!!!!

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