When most people use the word “benefit,” they mean the benefits they get as part of a job—but that’s only indirectly related to the way “benefit” is used in law. Most of the time, benefit is a general term for any gainful outcome from an arrangement, an action, or a piece of property. It’s often used in contract law to ensure that the contract covers any kind of profitable outcome, not just money profit.
It may also be used in cases of theft. If something very valuable was stolen and kept for years, for example, the original owner may have a right not only to get the cash value of the thing stolen, but the “benefit” it produced while it was gone (because the rightful owner would have earned that benefit themselves if they weren’t the victim of a crime).
Examples include:
- The increased value of a building after upgrades are made to it
- A litter of new puppies that a purebred dog gave birth to
- The profit generated by a business
What does “benefit” mean in personal injury cases?
If your case involves a workers compensation claim, “benefits” is used slightly differently, to refer to money paid out by the insurance policy if the workplace accident was fatal.
In most other injury cases, “benefit” is used only to refer to certain kinds of productivity you may have missed out on due to your injury. For example, if you were unable to work because of the injury, you have a right to sue for lost wages. Those wages are a type of benefit you would have earned if you could have kept working.
In general, however, personal injury cases focus on damages—the losses you suffered, rather than gains you could have earned. But if there is a gain (benefit) you missed out on because of the injury, you may have the right to include it in your damages.
What benefits can I include in my lawsuit?
The best way to know for sure is to talk to a lawyer. John Foy & Associates can offer you a FREE consultation to help you determine your best options—and your rights. Don’t wait. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.