Nominal Damages in a Personal Injury Case – Personal Injury Lawyers

Filing a Lawsuit Based on Principle, for Nominal or Insignificant Damages Suffered

Simply put, nominal damages are damages that are very minuscule damages which are often mere dollars that are awarded when a wrong has occurred, but there is actually no financial loss. If the court awards you nominal damages you will typically only receive $1 or $2. Occasionally, the court may award you nominal damages, but set the amount at zero.

When you sue for nominal damages you are essentially filing a lawsuit based on principle. You believe that you have been wronged and deserve the vindication. Not every wrongful or negligent act results in a financial loss. But in order to file a valid lawsuit, you must have a standing which means that you must have suffered an injury.

Typically, if you have not suffered a financial loss, then you would not have valid standing. Consequently, in order to file a claim and hold the defendant accountable for their actions you may file a suit based on nominal damages.

So Why Sue For Nominal Damages?

You obviously have to be wondering why anyone would go through a lawsuit to only be awarded $1 or $2. It almost seems silly to file a claim, hire a lawyer, and potentially spend months fighting the defendant in court when you would not receive any significant amount of money. So why sue?

Well, there are two strong reasons for filing a claim. First, the court might choose to award punitive damages. Punitive damages are awarded, not to compensate the plaintiff, but instead to punish the defendant.

Possible Punitive Damages

Although you may not need compensation for any actual injuries, you can benefit from suing the defendant through punitive damages. These types of damages may be awarded if the defendant was grossly negligent, intentionally disregarded the safety of the plaintiff, or intentionally hurt the plaintiff.

While you are not guaranteed to be awarded punitive damages when you file a suit based on nominal damages, this is a possibility. Furthermore, you should consider this potential award of damages when evaluating the legitimacy of your claim and deciding whether it is personally worth it to you to file suit.

Suing for Nominal Damages May Help Protect Your Rights

Finally, you might file a suit based on nominal damages because you believe your rights have been violated. For example, many people will sue the city or state when they believe that their constitutional rights have been violated.

In this scenario, they are very unlikely to be awarded any actual damages. However, they determine that filing a suit for nominal damages is worth of their time and effort in order to protect their personal rights or interests.

If you feel like you may need to file a lawsuit give us a call. We’re available day or night and the call is toll-free.

Fatal Motorcycle Accidents

According to the Texas Department of Transportation, there is one fatal motorcycle accident in Texas every day. Sometimes, it can be really difficult to understand the magnitude of these kind of statistics, but the sobering fact is that every day, a family loses a loved one in a fatal motorcycle accident. If your family is in this tragic situation, it’s important for you to know that our Law Offices can help you uncover the truth about what happened in the accident. Our attorneys can seek out all witnesses, sift through the evidence, and present your case so that every liable party involved in the accident is held accountable. If your family member has been killed due to the negligent actions of another person or group of people, you have the right to bring a wrongful death lawsuit against them in order to seek compensation for the damages you and your loved one have suffered. More here @ https://caraccidentattorneysa.com/motorcycle-accident-attorney-texas/
There are two types of damages involved in a wrongful death lawsuit: wrongful death damages and survival damages. Although the purpose of a wrongful death lawsuit is to compensate the survivors for the damages they have suffered, many people don’t choose to pursue a wrongful death lawsuit for the money. Money may be the vehicle a wrongful death lawsuit uses to resolve such an issue, and it certainly helps the family cover the funeral and medical expenses they will have suffered due to the loss. The most common reason for pursuing a wrongful death lawsuit is to ensure that the liable parties are held accountable for their actions. When someone is killed as the result of someone else’s negligence, it may not always be possible to file criminal charges. The standard of proof in a criminal case is much higher than in a civil lawsuit. Therefore, sometimes the only way to hold the liable party accountable is by hitting them where it hurts: their bank account.

While this is a perfectly legitimate reason to file suit, it is important for the grieving family to remember that when filing a lawsuit, the burden of proof is on the victim. This means that it is up to the grieving family and their lawyers to conduct an investigation, gather evidence, and eventually convince a jury that the really did suffer the damages they claimed to, and that it was the defendant’s liable actions that caused the accident which led to the damages. The attorneys at our Law Offices have been handling wrongful death cases for two decades. We have the experience and resources necessary to conduct a thorough investigation and identify all potentially liable parties, witnesses, and evidence needed to ensure that your case is successful.

Drunk Driving Motorcycle Accidents

Many people may not realize this, but when any car accident (including motorcycle crashes) involves a drunk driver, it is often possible to bring a lawsuit against a bar or restaurant, if the bar or restaurant was serving alcohol in an irresponsible manner. This is known as Texas dram shop law, and it means that if a bar or restaurant knowingly over-serves alcohol to a customer and then allows that person to leave their establishment, they are then responsible for any drunk driving accident that may occur as a result. If a motorcyclist gets drunk and crashes, causing injury to themselves, it may be a first party dram shop cause of action (assuming that the bar or restaurant reasonably could have known that the person was unsafe to drive). If a drunk driver in a car strikes a motorcyclist and causes an accident, it may be possible to pursue a third party dram shop cause of action. In either case, if it can be proven that the drunk individual was over-served by an establishment prior to the accident, the injured party (or parties) can seek compensation from the negligent establishment. In the case of a third party case, compensation can be sought from both the driver and the establishment. This would also apply in the case of a wrongful death lawsuit. However, it can be very challenging to prove that a person was over-served alcohol at a bar prior to the accident. Without the proper experience, it may be impossible to prove your case in a court of law. An experienced Texas biker accident attorney like the attorneys at our Law Offices have a thorough understanding of dram shop law in Texas, and experience handling and winning many such cases. We can help you to make sure that all negligent parties are held accountable, including any irresponsible alcohol-serving establishments that may have contributed to the accident. More here @ https://no1-lawyer.com/motorcycle-accident-lawyer-in-midland/

Personal Injury Lawyer Cautions About Internal Injuries

Internal injuries can be a very serious problem and are something you need to be aware of. Often, my clients will come in and tell me that they received some minor injuries, but they want to fight for compensation. As a personal injury lawyer I advise them to go see a doctor. Sometimes, they don’t want to or want to know why. There are two main reasons. The first is that you need to have documentation of any injuries you have. The second is that you may have an internal injury that may not be bothering you now, but may be very serious in the future. More Information on this website @
https://caraccidentattorneysa.com/car-accident-lawyers-san-antonio/

We have a case right now where our client suffered brain injury due to whiplash in an auto accident. My client got rear ended while traveling 30 to 45 miles an hour. Right after the accident my client had the usual stiffness, but a couple of days later she began to notice other problems. She was sensitive to light and kept getting headaches. After visiting the doctor, it turns out that she has a closed head injury.

As her personal injury attorney, I am fighting to get her the compensation she deserves as well as trying to help her find a doctor who can help her. In cases like this, you can end up with long-term effects, such as shortened time on the computer or reading or an increase in light sensitivity.

If you are injured in any type of accident, remember that although you may feel fine, you should always go see a doctor. Furthermore, you should ask your doctor to check for internal injuries. You do not want to wait and find out that you have a problem. You need to bring the injury to light as soon as possible. This will help your personal injury attorney represent you better and get you the compensation you deserve. Please click on this website @ https://no1-lawyer.com/car-accident-lawyer-el-paso/