Recovery

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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.

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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.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Recovery

Can a judge lower the recovery that a jury awards in a personal injury lawsuit?

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.

What damage is not recoverable?

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.

What is the right to recover damages?

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.