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How are money damages calculated?
In accident cases, money damages can include both "general damages" of the type that were reasonably foreseeable resulting from wrongful conduct, such as pain and suffering in a personal injury case, and "special damages", such as the injured person’s loss of income.
Generally, the courts only award damages directly caused by the defendant’s actions. The defendant’s conduct must also be the "proximate cause" of the damages. Further, the plaintiff will not be allowed to recover for damages she would have been able to mitigate, or avoid, such as by seeking prompt medical attention, or repairing damaged property.
Courts are uncomfortable with damages that are "speculative" (uncertain or unpredictable) and tend to require reasonable proof of the damages incurred.
If you wonder whether you have a good lawsuit or how much your case might be worth, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you. |
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Can I be held liable for trespassers who climb my fence to use my pool?
Can I be held liable if someone who drowns in my pool was drunk?
My pool or spa is not enclosed by a fence or wall, do I risk being held liable for a swimming pool injury?
If a pool at a hotel or health club has no lifeguard on duty, is the owner liable for swimming accidents?
Is a homeowner responsible for swimming accidents that occur on his or her private property?
Does a swimming accident trigger admiralty law jurisdiction?
Does a swimming pool accident trigger admiralty law?
Does a swimming accident involving a jet ski trigger admiralty jurisdiction?
What if a swimmer dives into a navigable waterway off the side of a boat and breaks his neck, does admiralty law apply?
Who should I contact if I want to make a claim to recover money damages for a swimming injury?
Do posted warning signs (e.g., "no life guard on duty," "no diving,” “no running") protect the owner of a swimming pool from liability?
How are money damages calculated?
Our 5-year old son nearly drowned when he wandered into a neighbor’s hot tub with no safety features. Can we sue them to compensate us for his injuries?
While at a party, we were sure our host’s teenage daughter was watching our toddler when she drowned in their pool. Who can we sue?
My child nearly drowned when her foot was trapped in a pool drain at the neighbors’ house. Is there anyone else, besides our neighbors, we could sue to help us pay for our daughter’s trauma and medical expenses?
I was injured during a work-sponsored swimming party. Who can I sue?
Do I have any claims against the pool’s owners from slipping in a large puddle of water by the side of the pool?
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