Personal injury claims normally require of different instances where the damages have been calculated to finally determine what could be recovered through compensations. The case´s worth depends on many factors for which sometimes an equation may be applied. There are different types of compensation that might be obtained in a personal injury claim.
If you are thinking of filing a personal injury legal action, you are probably wondering what your case is really worth. To determine the damages, the monetary compensation you will receive, it is necessary to figure out the monetary, physical and mental costs that resulted from your injury.
In personal injury cases, the plaintiffs –or injured persons- receive money damages which are paid by the defendant or company (the insurer) found responsible for the accident. “Damages” is the legal word for the losses that the defendant must compensate you for. There are economic damages (special) and also non-economic (general) damages.
Damage awards can be negotiated among the involved parties, but if the case reaches court they will be determined by a judge or jury.
Here is a brief explanation of the different common types of damages and how they can be affected by the plaintiff´s action or inaction.
Special damages or economic damages – These are easier to calculate than general damages. These are the quantifiable losses resulting from your injury: medical bills, future medical costs until your treatment is finished, lost income for having missed work, property damage, and many other clearly economic losses.
General damages, on the other side, are harder to calculate. They include:
-Pain and suffering (physical pain and discomfort, such an ongoing pain or limitation)
-Emotional distress (the negative psychological impact of an injury, it may include anxiety, fear and sleep deprivation). Some states consider this point within pain and suffering.
-Loss of enjoyment (when the injuries caused prevent you from enjoying your former daily life and routines, including exercise, hobbies and any recreational activity)
-Loss of consortium (it relates to how the injuries affected the plaintiff´s relationship with their spouse, such as inability to have sexual relationships, loss of companionship, and in some states the impact on the relationship between a parent and their child is also considered).
Finally, there can be punitive damages in personal injury cases.
Punitive damages. These are awarded to the plaintiff when the defendant’s conduct has been shockingly careless. In these no so common cases, the primary goal is to punish the defendant for his conduct although the plaintiff is receives punitive damages on top of any compensatory damages.
Determining the damages you may be entitled to requires an extensive evaluation of the incident, immediate actions taken, present and future consequences of your injuries. A personal injury lawyer is the suitable professional to evaluate and conduct your case.