The plaintiff in a personal injury case may also be awarded damages for the replacement or repair of any property harmed in an accident. Automobile damage, for example, is a common occurrence in personal injury cases. In addition to the costs of repair and loss of value to the car, a plaintiff may also be able to receive compensation for damage to property contained within the car, as well as reimbursement for obtaining substitute transportation during the repair period.
The valuation of property damage is a complicated process and may require the opinion of an expert appraiser. This professional will determine whether or not the property has been totally ruined or retains any salvage value whatsoever. If the property is useless, damages can be requested in the amount of its fair market value prior to the accident. If repair is an option, compensation for loss of use by the owner can be added to the cost of the repair itself.
There are occasions when the cost to repair the property exceeds its replacement value and the damages are still limited to the fair market value of the property before loss. Other elements that can be factored into the property damage equation are interest and loss of profit, particularly in those instances in which the property is used in one's employment.
Types Of Compensatory Damages:
Medical Expenses | Loss of Income | Pain and Suffering | Mental Anguish and Emotional Distress | Loss of Consortium | Lost Opportunity | Court Costs and Attorney's Fees
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