Personal injury damages are court-awarded compensations to one who has suffered injury due to the wrongful or careless conduct of another party. Damages are a sum of money paid as compensation for injury or loss by the person or company found to be legally responsible for an accident in a personal injury case. Damage settlements may be negotiated and agreed upon between the parties out of court, or, if the case goes to trial, damages may be ordered by the judge or jury.
Personal injury damages are compensatory. They have the purpose of restoring the injured party to the position he or she was in before being harmed; to attempt to restore the loss due to another’s wrong or careless conduct. These damages are intended to place a monetary sum on the consequences suffered as result of the accident or incident with an attempt to “make whole”—as if the injury had not taken place. Unfortunately, the law has no magic wand. Being restored to a condition “as if the injury had not taken place” is impossible should permanent injury result. But providing monetary damages is the best the law can do.