A thought which flashes across our minds when we decide to file a lawsuit for damages for an auto accident, dog bite, slip and fall or other personal injury claim is ‘How much is my personal injury case worth?’ Well this is a simple question, and the answer to it is a simple one as well. The extent of your ‘Damages’ determines the value of your personal injury case. These costs help authorities identify your losses; physical, financial, and psychological. In personal injury cases, the defendant pays the injured party (Plaintiff) a suitable amount of money against the losses faced by the Plaintiff. There are two ways to determine the value which the person responsible for the accident pays to the injured party:
• Negotiations are carried out between both the parties and a settlement is reached.
• A settlement is reached between the parties with the assistance of a mediator.
• A verdict is rendered by an arbitrator, judge or jury.
Damages Compensated in Personal Injury Cases
Most of the costs which follow an accident or a personal injury are compensatory. These compensations are meant to make up for the injured Plaintiff, financially, up to a maximum extent. The damages in an accident are calculated, and all the losses are put into a dollar figure which is then paid to the innocent victims of the accident. Some damages are relatively easy to calculate, like medical expenditures and property losses. But, there are damages like pain, suffering, embarrassment, inconvenience, and mental anguish, which make ascertaining a monetary value more difficult. Here, we have compiled a list of different types of compensatory damages which are common personal injury damages:
It is very easy to calculate the medical bills in a personal injury claim. Therefore, these damages are the easiest to figure in the case of an accident. Medical bills include all the money which you need for surgeries, medical treatment, therapy, and consultation fees. Moreover, the cost of medication is also compensated in this type of damages.
If you have injuries in an accident, then you won’t be able to resume your job anytime soon. Due to this, you won’t be able to earn money with which you used to support yourself and your family. The law allows you to claim compensations for loss of income. Apart from lost income, you can also get compensated for the loss of earning capacity. For instance, if you aren’t able to resume your job as a result of your injuries, then damages for loss of earning capacity may be available.
If your property is damaged or lost in an accident perpetrated by someone else’s negligence then you are entitled to enjoy compensation for them. You can get money for lost/damaged vehicle, clothing, and other similar things.
Pain and Suffering
Unlike medical expenditures and damaged property, damage calculation for pain and suffering is difficult to measure. However, there are ways with the help of an attorney that can get you compensated for pain & suffering as a result of the accident.
A plethora of emotional distress can follow an accident which can lead to psychological injuries. These traumas could create fear, anxiety, and stress in your life. The law affords you the right to claim compensation for psychological injuries as well.
Effect of Plaintiff’s Actions on Damage Compensation
The actions of the Plaintiff matter a lot when it comes to calculating the accident costs. For instance, your role in the cause of the accident will be considered while determining damages. Similarly, your inaction in initiating a claim or lawsuit could also negatively affect your chances of getting proper compensation for your damages.
These simple things determine the worth of your personal injury case. Hiring an attorney will assist you in properly organizing and preparing your case for maximum compensation.