How to Analyze Damages
in Personal Injury Claims
You’re driving on the road, and suddenly you’re hit by a drunk driver. Or you’re in the hospital and the doctor gives the wrong treatment because they didn’t check your diagnosis.
After traumatic accidents, the surrounding physical pain and mental stress can feel overwhelming. People commonly endure permanent health conditions and financial challenges as a result. Perhaps you or a loved one is wondering if anything can be done to recover these losses. One such option is to file a personal injury claim seeking compensation.
You’ve probably heard that hiring a personal injury lawyer puts you in a better spot to be fully compensated. Still, it’s important to know the basics, too. But that’s not all that matters. It can help to have little knowledge of how damages are calculated so you don’t accidentally ask for too little. In this post, we’ll talk about how to analyze damages for personal injury. Keep reading.
How Damages Are Calculated in Personal Injury Cases
First, let’s understand what damages are in personal injury. The term damages in legal discussions can be generally summarized as a monetary award the party responsible for an injury pays to the injured person. The payout aims to help the victim recover lost finances from the time the defendant caused them harm out of negligence. Damages awarded in a lawsuit help the injured person recover losses like medical bills, lost income, and damaged properties.
Finding the value of damages can be tricky because the law doesn’t specify a formula or calculation method. So, how do legal professionals value damages? They perform a deep analysis of tangible and intangible losses experienced by the injured party.
These losses are split into:
1. Economic damages
Think of these damages as losses that are measurable, like:
- medical expenses: this could be both current and predicted treatment costs related to the injury.
- lost income: earnings lost because you cannot work during recovery or sustained permanent injuries.
- travel expenses: if you are required to travel for medical treatment.
- property damage: you may receive reimbursement for repairs or replacement costs for damaged property.
2. Non-economic damages
Anytime legal experts talk about non-economic damages, they’re referring to intangible losses or damages that aren’t measurable. This includes:
- pain and suffering: physical pain and emotional distress experienced after the injury.
- loss of enjoyment of life: the impact of injury on one’s ability to enjoy life.
- Companionship loss: the negative impact an injury has on relationships or companionship.
The idea of adding expenses and determining pain and suffering can help legal professionals calculate the worth of damages a plaintiff is entitled to. For example, when doing a calculation of economic damages, a comprehensive assessment of medical bills, lost earnings, rehabilitation fees, property damage, and travel expenses may be performed. Apart from looking at injuries, property damage, and expenses, evidence could be evaluated.
You’re probably wondering what the role of evidence in personal injury cases is, especially in damage analysis. Injured parties require evidence to:
- identify what caused the incident
- determine liability
- show the severity of injuries
- proof of how life has been affected by the injury.
Calculating damages isn’t necessarily as straightforward as it seems: The legal complexities make it an ideal task for lawyers with expertise in personal injury law to handle (like Cohen, Feeley, Altemose & Rambo).
What’s the Role of Attorneys in Evaluating Damages?
When calculating damages in an accident, a lawyer can help:
- Evaluate a case
Attorneys can promptly initiate your case, setting the wheels of justice in motion. This step begins with a proper evaluation of your case. By identifying liability and examining the extent of damages, a lawyer can offer insight into possible legal options. - Collect evidence
Attorneys have the resources and knowledge to collect medical records and police reports, interview eyewitnesses, and get video footage to build a solid personal injury claim. - Calculate damages
An attorney can review the losses caused by an accident. Then, they can gather evidence to better calculate an accurate dollar amount of a personal injury claim. - Negotiate with insurers
Managing talks with insurance companies by yourself can be overwhelming. Insurers often try to minimize payouts or even deny liability. A lawyer can negotiate for maximum compensation with insurers on your behalf while protecting your legal rights. - Representation in court
Sometimes, lawyers and insurers have a difficult time agreeing on the value of damages and settlement. When this happens, an attorney can present your case in court. Using their knowledge about how courts work, your attorney can protect your legal rights while fighting for just compensation.
Final Thoughts
Calculation of damages in personal injury cases attempts to answer one question: What’s the value of my claim? The process can entail analyzing economic and non-economic damages. A thorough assessment of evidence also helps to determine how severe injuries are, the impact on earnings, and the intensity of pain and suffering.
If you don’t have a background in law, it can be tricky to calculate damages. Therefore, consult a personal injury attorney to help you calculate the accurate value of damages and get fair compensation.
Sources:
The Basics of Personal Injury | Yale Ledger
How Courts Work | American Bar Association
Damages | Wex | US Law | LII / Legal Information Institute
