How Damages Are Assessed in Personal Injury Cases
November 18, 2021 | Personal Injury
If you have been injured because of someone else’s negligence, you may be entitled to compensation. Personal injury law was created to protect you from injury due to another person’s actions or inactions, and there’s a specific method detailing how damages are assessed in personal injury cases.
The first step you should take after an accident is to get medical attention. Once you are stable, contact a personal litigation lawyer who will evaluate the details of your case and let you know how to proceed with a claim. Then, the lawyer will help you determine the damages you are owed and help you through filing, negotiating, and, if necessary, litigating.
You may wonder how to determine the worth of a claim when filing a personal injury lawsuit. It isn’t just a number your lawyer thinks up; a qualified personal injury lawyer uses specific criteria to calculate the damages you need to claim. Learn more about these criteria below.
Evaluating the Value of Damages in Personal Injury Lawsuits
It is difficult to determine how much to claim in a personal injury claim until proper medical assessment and treatment are received. Some victims may need treatment over several months, and filing the case prematurely can lead to underestimation of the claim. A personal litigation lawyer can guide you through this process to avoid such pitfalls.
These are the factors considered to determine the amount of damages to claim when you have been injured.
As the name suggests, these are the damages claimed because of direct losses accumulated because of the accident. It’s a monetary value that is supposed to restore the victim to their previous financial state, or where they’d be if there were no accident. Some, like medical costs, are assessed easily, while others, like pain and suffering, are more difficult.
Compensatory damages include:
- Present and future medical costs. Until your treatment is complete; includes physical and psychological therapy and ongoing care for permanent injury.
- Property damage. To restore damaged property to its previous condition.
- Lost wages. An amount for past and future absence from work because of the accident.
- Pain and suffering. This amount depends on the extent of your injuries and the resulting loss of quality of life.
Special and General Damages
Special damages are the quantifiable amounts the court may award according to the above criteria–loss of income, medical bills, and property repair costs.
General damages are non-monetary losses because of an accident. They include loss of a loved one, disablement, mental distress, or pain and suffering. It’s important to get a reputable personal litigation lawyer, as their experience can help you put an attainable number to general damages.
According to the name, punitive damages are awarded against a guilty party who showed gross negligence or recklessness leading to the accident. They are exemplary damages to deter the defendant and others in their position from repeating such behavior in the future.
Have You Been Injured? Seek Help
It is terrible to suffer injury because of another party’s negligent or careless behavior. In the aftermath, you must deal with an array of physical, emotional, and financial difficulties while you recover from the accident.
You need a reputable personal injury litigation lawyer to represent your interests and fight for the monetary compensation that you deserve. This allows you to devote your energies towards your recovery journey knowing that someone is fighting for you.
Have you been in an accident because of someone else’s negligence? Contact Napoli Shkolnik for a free case evaluation with a skilled lawyer.
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