How is Recovery Used in Personal Injury Law?

Personal injury law uses the term “Recovery” to describe the amount that is needed for a victim to financially recover from losses that were incurred after an injury. Recovery is sought from the defendant or negligent party and/or their insurance company, if third-party claims are filed.

Famous Cases Recovery Was Used

1 October Shooting Class Action Lawsuit

On October 3, 2019, MGM Resorts International came to a settlement of $800 Million for 450 victims of the 1 October Shooting in Las Vegas, NV. The plaintiffs claimed that MGM Resorts International was negligent in their lack of security.

Goldman v. Simpson (1997)

In 1997, O.J. Simpson was brought in front of a civil jury under a wrongful death claim for Nicole Brown Simpson and Ron Goldman. Simpson was found guilty and ordered to pay $33.5 million. Because he was acquitted of all criminal charges, the guilty verdict in this civil trial did not result in jail time.

When is Recovery Used in the Legal Process?

“Recovery” is a term that is used throughout the personal injury legal process. Personal injury lawyers will help victims calculate their losses in order to help them establish an amount that can help the victim recover from said losses completely. Recovery generally includes economic and non-economic damages.

Is Recovery Used in Kentucky Personal Injury Law?

Yes! Kentucky personal injury lawyers use recovery as a term in the demand letter to help them establish their client needs and negotiate for fair settlements.

Is Recovery Used in Tennessee Personal Injury Law?

Yes! Personal injury lawyers in Tennessee use recovery to establish the economic and non-economic damages that were incurred due to the injury.

Frequently Asked Questions About Recovery

Yes! In states and for case types that have damage caps, judges are allowed to lower jury awards to meet the injury caps. This happened in the McDonald’s coffee case as well as several other high-profile personal injury cases.

In many personal injury cases, punitive damages are not recoverable. They are not considered a part of recovery, and they are not intended to compensate victims. They are, instead, defined to punish a behavior that is egregious or outrageous. Punitive damages can be
awarded in personal injury cases, especially in jury trials, but they are not meant to help the victim recover from losses.

Victims of injuries caused by negligence have the right to recover damages if they can prove that the defendant of the case acted negligently and that negligence directly caused injury, loss, and/or damages.