If you’ve been injured as a result of someone else’s actions or omissions, you’ll likely be entitled to compensation. But how much compensation are you likely to win? That depends on a number of variables, including whether you decide to negotiate for a settlement or not.
How exactly are damages calculated for a personal injury claim?
The Nature of Personal Injury Damages
If you have been personally injured as a result of someone else’s conduct, the law entitles you to damage recovery. For the most part, the damages you can recover are directly related to the harm you experienced. Rather than arbitrarily rewarding you for undergoing this harrowing experience or exacting punishment on the person responsible for the conduct, the law simply seeks to compensate the victim for whatever harm they endured. Accordingly, you’ll need to demonstrate how and when you suffered certain damages if you want to recover them.
Once you hire a personal injury lawyer, everything is going to get much clearer. Your lawyer will work with you to better understand your situation and the nature of your injury. They can help you determine whether or not you have a legitimate claim. They can help you estimate the damages you might recover, then work with you to gather evidence and negotiate a higher settlement. Make sure to follow your lawyer’s advice and direction throughout the process.
How Damages Are Calculated for a Personal Injury Claim
How exactly are damages calculated for a personal injury claim?
Damage calculation is done differently in different jurisdictions. Different jurisdictions may calculate damages in different ways, and it may be a judge or a jury who decides the amount of damages to award a victim, assuming the case makes it to trial.
These are some of the most common types of damages awarded in personal injury cases:
· Medical expenses. Most plaintiffs are able to recover medical expenses. The defendant is responsible for paying the medical costs associated with the injuries they’ve caused.
· Property damage. Similarly, the defendant is responsible for paying for any property damage they caused. This may include repairing certain items or replacing them.
· Lost wages. You may also qualify for compensation for lost wages. If you’re out of work because of your injury, the defendant may be responsible for compensating you for all of the wages and benefits you would have received otherwise.
· Loss of joy in life. In certain jurisdictions, you may be able to recover damages related to any loss of joy in life you’ve experienced from your injuries. This is especially important if you’ve been disfigured or disabled.
· Pain and suffering. In some cases, you may also qualify for pain and suffering damages. In other words, you may be awarded compensation for the subjective pain you experienced. This is notoriously difficult to quantify in a way that’s fair and accurate.
· Punitive damages. In very rare cases, a court may award punitive damages as well. These damages do not reimburse the plaintiff, but play a role in penalizing the defendant for their conduct.
It’s possible to get a ballpark estimate of your personal injury payout by looking at similar examples. For example, if you suffered a spinal injury as a result of a car accident in which another driver was reckless, you and your lawyer can look at similar cases that have been decided in your jurisdiction in the past. While every case is unique, and past cases aren’t always a perfect indicator of how future cases will be decided, this can help you get a high-level estimate in place.
Negotiating for a Settlement
The majority of personal injury cases are settled long before they ever go to trial. In this process, the defendant and plaintiff negotiate to determine how much the plaintiff should pay in damages. If you want to maximize your settlement, you need to:
· Hire the best lawyer you can afford. It’s important to hire the best lawyer you can afford. Qualified, experienced, competent lawyers will fight harder on your behalf and generally see better results.
· Be patient. You also need to exercise patience during this process. You shouldn’t necessarily accept the first settlement offer you receive; while it might be annoying or stressful to allow negotiations to drag on, it’s the only way to fight for a higher settlement offer.
· Negotiate aggressively. During settlement negotiations, both parties are engaged in a battle of wills. You need to be ready to negotiate aggressively, with your lawyer representing you, if you want the best possible outcome.
Damages in a personal injury case can be a bit nebulous and complicated. However, with the help of a good lawyer, you’ll not only understand the process better, but you’ll likely be entitled to even more compensation.