How Damages Are Assessed In A Personal Injury Case
If you’ve been in some type of accident caused by negligence, you can seek compensation with a personal injury lawsuit. But determining how much money you’ll receive in damages is no easy task. It often takes the knowledge of an experienced personal injury lawyer to calculate the damages. Learn more about how damages are assessed in personal injury claims.
What are the Damages Associated with Personal Injury Cases?
There are several basic damages associated with a personal injury. Before you assess those damages, it’s important to consider your injury. What was the nature of your injury and what caused it? Typically, people with severe injuries receive higher compensation than those with less serious injuries. The more an injury impacts your daily life, the more money you will receive.
Common damages associated with personal injury include:
It doesn’t take much time for medical bills to start accumulating. Regardless of the severity of your injuries, there’s a good chance you will have expensive medical bills. Emergency room visits, diagnostic tests, and medical procedures are costly. If you have a permanent injury, your medical bills will be even higher.
In some cases, accident victims are unable to work as a result of their injuries. Fortunately, you can receive money for your lost wages. If you will have a reduced earning capacity or no income whatsoever, you may seek compensation for your lost income. Depending on the length of time of which you are unable to work, this could amount to a significant portion of your total damages.
Pain and Suffering
You can’t always see the damage a person experiences in an accident, because it’s not all physical. While you might see a broken bone, you can’t see the pain that came with the break and the recovery process. Every injury involves some degree of pain and suffering.
To assess the damage done by pain and suffering, your lawyer might have medical experts testify. They will show how your injury has hurt you and that you deserve compensation for your pain and suffering.
If there was any property damage during the accident, you could be compensated for that as well. Typically, this is most common with car accident claims. Why should you need to pay for your vehicle repairs when the other driver caused the crash? The other driver could be held accountable for your repairs.
Factors That Affect the Total Damages
When calculating all of your damages, you need to look at all of the facts. For one, you need to consider your role in the accident. If you share some of the fault, you can still seek compensation. California has a comparative fault law that allows you to seek damages for an accident even if you are partially responsible for it. However, you will only recover a portion of the damages proportional to your degree of fault.
Additionally, the experience of your lawyer affects the value of your personal injury claim. If you have an aggressive attorney, they will work hard to negotiate a fair settlement. They will look for convincing evidence and build a strong case.
By working with an attorney, you improve your chances of a successful outcome. It’s crucial that you file your claim before the statute of limitations expires. If you’re interested in learning more about the damages you will receive for your accident, you can get more information here.