Personal Injury Compensation

The idea behind tort law and personal injury law is to "make the injured party whole again" after an accident. Typically, this involves suing the person who is at fault - the negligent party - in a court of law, and asking the court to award compensation to the victim.

Let's start with a simple example which does not involve personal injury, but only property damage.

Using our example from the negligence page, suppose that Jack gets into his car after drinking a bottle of whiskey, starts the car and drives down the road. Along the way, he loses control of the vehicle and rear-ends a parked car which is empty. The car is totaled, but no one is injured. Jill is the owner of the car.

Jill is now without the use of a car. Jill sues Jack and asks the court to award money damages to her to "make her whole again" - in this case, that would be enough money for Jill to purchase a new car. Ideally, the amount of the money damage award should put Jill back in the same position she would have been in, had the accident never occurred. That's the legal theory, anyway.

Let's continue with a more complicated example, where the accident was much worse. But first, let's learn a little more about Jill.

Jill is a 25 year old married female with 2 children, boys, ages 2 and 3. She graduated summa cum laude from Villanova University before marrying her college sweetheart and settling down. She earns $45,000.00 per year working during the day as a corporate motivational speaker to fortune 500 companies. At night, she teaches aerobics at the local community center. Her hobbies include tennis, jogging, bicycling, skiing and swimming at the Jersey shore.

Now that we know a little more about Jill, let's return to Jack. He gets into his car after drinking a bottle of whiskey, starts the car and drives down the road. Along the way, he loses control of the vehicle and rear-ends a car driven by Jill, totaling her car and seriously injuring her. Jill is admitted to the hospital where the doctors examine her and determine that her back and spine are very badly damaged. She will never be able to walk again, and will be confined to a wheelchair for the rest of her life.

Jill sues Jack, asks the court to find Jack negligent and award money damages to her to "make her whole again" - but how can that be done?

Jill will need physical therapy and lifelong special care to assist her in coping with her injuries. The cost of this care can be mathematically calculated.

Jill will also ask the court to compensate her for lost future wages, since she will no longer be able to do her job as a motivational speaker, nor will she be able to teach aerobics again. Once again, these costs can be calculated.

But how can Jill ever be compensated for the loss of her ability to walk or ski or play tennis? What amount of money can compensate her for never being able to walk along the Jersey shore again with her two boys? Or never again being able to go for a bike ride with her kids?

The answer is simply this: No amount of money can ever adequately compensate someone who has lost so much. Yet, when these cases go to court, judges and juries often award large money damages to victims like Jill, in an attempt to provide some form of compensation. Judges and juries do the best they can with these difficult cases.

Once again, the legal theory is to make the injured person whole again, to put them back in the position they would be in, had the accident never taken place. In serious cases, the court follows the theory as best it can.

The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania.