What types of damages are available in a spinal injury lawsuit?
In Oregon, damages are available in a spinal injury lawsuit depending on the particular case and severity of the injury. Generally, monetary compensation can be awarded for a number of categories of damages in a spinal injury lawsuit. Economic damages are those that come with a definite dollar amount, such as medical bills, lost wages and future earning potential, and loss of services or support. In addition, a person suffering from a spinal injury could potentially seek non-economic damages from a court, which are intangible losses such as pain and suffering, emotional distress, and loss of consortium. The value of these damages are usually more difficult to calculate. Punitive damages are available under Oregon law for certain cases, and are intended to help punish the defendant for particularly egregious behavior. Finally, a spinal injury lawsuit could also result in the awarding of attorney’s fees and court costs, which can be quite substantial in complex cases. The person suing would be responsible for these fees regardless of whether or not they won their case. In order to receive any monetary compensation in a spinal injury lawsuit, the plaintiff must be able to prove, by a preponderance of the evidence, that the defendant was negligent. This means they must show that the defendant breached their duty of care in some way leading to the injury.
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