You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Legal action is being strategized by our attorneys for Horizon Therapeutics’ failure to properly warn patients of potential hearing loss side effects.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
If you or a loved one took Elmiron and subsequently suffered vision loss, blindness, or any other eye injury linked to the prescription drug.
Contact the Elmiron Lawyers from TorHoerman Law.
Get a free online case evaluation and find out if you qualify for compensation instanly.
You may qualify to participate in a 3M Combat Arms Earplugs Lawsuit if:
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
Get a free online case evaluation and find out if you qualify for compensation instanly.
Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
Toxic chemicals in Aqueous Film-Forming Foam (AFFF Firefighting Foam) have been linked to numerous types of cancer, including:
AFFF Firefighting Foam lawsuits aim to hold manufacturers accountable for putting peoples’ health at risk.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
Get a free online case evaluation and find out if you qualify for compensation instanly.
Our firm is about people. That is our motto and that will always be our reality.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
Our team is what has made TorHoerman Law a very special place since 2009.
Get a free online case evaluation and find out if you qualify for compensation instanly.
In civil court, damages are the awarded sum of money the plaintiff or plaintiffs receive either through a settlement or a decision reached at trial.
This award functions as compensation for the total losses, both economic and non-economic, that the plaintiff experienced, whether that be from personal injury, a faulty drug or device, or another accident or injury.
A positive outcome for the plaintiff would be a higher amount of damages awarded.
If you are involved in a litigation, you may know that there are different types of damages.
Compensatory damages and punitive damages are the two main types of damages, each acts to compensate the plaintiff while, in some way, penalizing the person liable for the plaintiff’s losses.
The three (3) types of damages are:
Compensatory damages and punitive damages are the two types of personal injury damages that a plaintiff will demand in civil litigation.
In some personal injury lawsuits, the plaintiff will only demand compensatory damages.
In other lawsuits, the plaintiff will demand only punitive damages (although this is much more unlikely).
While, in other cases, the plaintiff may demand both compensatory damages and punitive damages.
Compensatory damages, or “actual damages,” are designed to compensate the plaintiff for the damages they have incurred as a result of another party’s negligence.
Compensatory damages are intended to compensate the plaintiff for their losses related to the defendant’s actions.
Punitive damages, also called exemplary damages, often occur when a company has been negligent, and people are harmed as a result of that negligence.
They are designed as a monetary way to penalize the defendant for their actions.
Often, punitive damages are used to set an example: by charging the defendant large amounts of money, the courts are setting an example for other companies and discouraging the repeated behavior.
Once punitive damages are awarded, the defendant must pay the plaintiff the designated amount.
The two (2) types of compensatory damages include:
Special damages, referred to as actual damages, are damages that are relatively easy to calculate.
They include medical bills, lost wages, property damages, and any other out of pocket costs for the litigation.
If there is a receipt, the expense is likely to qualify as special damage. Special damages are often not up for debate as counsel can easily prove how much the injury cost the plaintiff.
General damages are harder to quantify as they include subjective material. When a personal injury occurs, there is the obvious injury but then there are the damages that are not immediately visible: the healing, the emotional distress, the lasting trauma.
Individuals often have incredibly different reactions to similar scenarios, therefore making it difficult to put a cost on general damages. However, a general rule of thumb is the more serious the injury, the higher the general damages. If someone is out of work and has multiple surgeries as a result of a serious car accident, they are likely to have higher general damages than someone who was in a simple fender-bender.
How much money you are able to sue for pain and suffering relies heavily on varying factors including damages caps, the severity of pain and suffering, and total out-of-pocket damages.
Generally, a personal injury attorney will seek compensation for pain and suffering that amounts to about 2-5 times the total cost of medical bills and loss of work.
This number varies significantly based on the specifics of each case.
The best way to prove your pain and suffering is to be honest.
Don’t exaggerate your pain and suffering or dramatize it, but don’t underplay it either. Tell your own truth.
Pain and suffering are subjective and hard to measure, so the judge and jury rely on you as the plaintiff to tell them exactly what level of pain and suffering you have endured.
It will help to keep notes that document your pain and suffering over time – detail exactly what physical pain and emotional distress you deal with as a result of your personal injury.
In the event that you have to present evidence in front of the court, use these notes and personal testimony to exemplify your pain and suffering so that it is easier to believe, relate to, and understand.
Common personal injury damages include:
The two most common methods of calculating a plaintiff’s general damages are the multiplier method and the per diem method:
On occasion, the courts may use a combination of the multiplier method and the per diem method.
Disclaimer:Â As each case is unique, the monetary amount of compensatory and punitive damages may vary greatly between the two personal injury cases. The types of damages sought after are often negotiated by the attorneys on both sides and can vary greatly between cases. If you have any questions regarding your case, please contact us.
Learn More About the Lawsuit Process:
“What Is PUNITIVE DAMAGES? Definition of PUNITIVE DAMAGES (Black’s Law Dictionary).” The Law Dictionary, 25 Feb. 2014, thelawdictionary.org/punitive-damages/
Hayes, Christi. “The Two Different Types of Compensatory Damages.” The Law Dictionary, thelawdictionary.org/article/two-different-types-compensatory-damages/
Hayes, Christi. “Compensatory vs. Punitive Damages: What’s the Difference?” The Law Dictionary, thelawdictionary.org/article/compensatory-vs-punitive-damages-whats-difference/
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TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!
The firm went above and beyond. Thank you for everything.
The attorneys at THL were extremely helpful with the legal aspects of setting up my small business.
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