Articles Posted in Legal News

The American civil justice system allows for one type of recovery in personal injury cases: damages. Damages, or compensation, can manifest themselves in a few different forms in personal injuryspecial damages lawsuits cases. People tend to throw around terms such as “general damages,” “special damages,” “non-economic,” and “economic” damages, so this post should help you differentiate between these various types of damage awards.

What Are Special Damages?

What is so special about special damages? Well, not much other than the fact that they can be readily quantified.  Whenever a car accident or other type of personal injury accident occurs, the injured person will incur expenses associated with the accident.  These are hard numbers that can be measured.

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I’ve written a lot about how personal injury lawyers have to and should deal with medical and other liens. When I go back and look at the web traffic generated by these posts, it typically gets low page views, probably from the same 20 lawyers that read all of our nitty-gritty details on handling personal injury cases stuff.

Not so with Haro v. Sebelius, a new opinion from Arizona that may dramatically alter the relationship between Medicare (and Medicaid, but I lump Medicaid into Medicare for grammatical ease). I think the big difference in the impact of Haro v. Sebelius is something car accident and medical malpractice lawyers are feeling right now.

Here’s the deal in a nutshell. Haro v. Sebelius is a lawsuit filed by two Medicare beneficiaries for whom Medicare benefits were paid for treatment that was ostensibly needed as the result of a car accident. Interestingly, the car accident lawyer in this underlying case is also a named plaintiff.

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President Obama got 12 stitches after being elbowed in the lip during a basketball game. Who elbows the President of the United States? What an idiot! (Unless, of course, the President tried to drive the lane. In which case, he had it coming.)
I’m bringing a class action against the person who fouled President Obama. I have estimated his time is worth $10 million an hour to the American people. These stitches cost us 45 minutes!

Jury Verdict Research reports that plaintiffs injured by police negligence were awarded damages in 38 percent of police negligence lawsuits. The average jury award in police negligence lawsuits is $1,507,918 (the median is $114,564).

Our lawyers do not handle police negligence or brutality cases. But I pass along this verdict data for lawyers handling police brutality cases and for victims.

Police Negligence Verdicts and Settlements