Licensed in Missouri and Kansas
COVID-19 Update: We are still open for business and welcome your call. Stay safe.

Law Suit "Must Haves"- A Compensable Injury

Oftentimes, we receive new client calls where the potential client went through a traumatic, scary, or embarrassing situation, but did not suffer a physical or economic injury as a result of someone else's negligence. This is important because the law only offers certain remedies, usually in the form of money damages.

The purpose of a law suit is to make the plaintiff "whole" again by making the defendant or wrong-doer pay for his or her bad act. However, many cases involve irreversible life changing injuries. A court does not have the power to restore a person's body, or give them back lost time. What a court can do is try to convert those damages to a dollar value, and that is a substitute for the loss that the plaintiff suffered.

For a court to award monetary damages though, there must be a compensable injury. That means there must be some physical or economic injury to the plaintiff (with limited exceptions). All of the other factors for a negligence suit could exist, but without damages, there is no suit. For instance, suppose you are driving in your car and another driver runs a red light. That driver comes within inches of hitting you but, thankfully, misses your car and you escape shaken, but uninjured. While this may have been a scary event, and certainly the other driver acted negligently in running the light, you have not suffered an injury for which a court may award damages.

If you have been injured in an accident and would like to discuss seeking compensation then you should contact a Kansas City personal injury attorney from Meyerkord & Russell. At our law firm will be able to guide you through the legal process and ensure you receive the legal attention you need. Contact the firm to schedule a free consultation today.

Categories: