If you have a personal injury case, then injuries and damages are the typical words you will hear all through the process of trying to get compensation. This is because injuries and damages are synonymous with all personal injury cases. A personal injury case can arise when an individual files a claim to get financial compensation for damages that resulted from another’s negligence.
“Personal injuries result in damages that the injured is required to get from the defendant to make up for the losses they incurred,” says Berkowitz Hanna Malpractice & Injury Lawyers. These damages are valued differently based on the intensity of the injuries suffered by the victim and include medical expenses, the cost of replacing damaged properties, and damages for the emotional trauma suffered from the injuries.
Valuing Damages for Injuries
It is usually difficult to accurately value the damages an injured person can receive for their injuries. This is especially the case when the damages include psychological pains that the victim must have suffered. This is why it is critical to hire a competent personal injury lawyer who will help value the injuries and arrive at an amount that will cover the losses suffered by the victim.
It is easier to calculate the damage to be paid to a person who lost their properties or incurred medical expenses while treating themselves. The reason is that these expenses are economical, and one can easily estimate their financial values. However, the case becomes different when deciding the damage to file for where an individual will have to go through the pain of a lengthy recovery.
Where the negligence led to the victim’s death, damage to be paid to the family may include the loss of companionship, which can be challenging to value. All these considerations make damages differ in personal injury cases.
Damages to Expect in a Personal Injury Case
Depending on the type of injury suffered, there are several damages to expect in a personal injury case. The damages include:
#1. Lost Income
The injured may need to take time away from work to seek medical attention for the injuries suffered. The time they take off from work may result in a significant loss of wages. When filing for damages, the injured may include wages lost due to taking a leave of absence from work to recover.
Some injuries may be severe, leaving the victim a permanent disability that may make them dependent on others. This disability will significantly impact their earning potential and necessitate filing damages to cover the loss. While calculating the damage to be paid in the case of permanent disability, the value of income the injured should have earned in their lifetime will be estimated.
#2. Medical Expenses
Where the victim suffered physical injuries due to the defendant’s negligence, they will need medical attention. The victim may incur significant medical bills in treating their injuries. These medical bills may have to be paid by the victim initially but can be recovered when they file a personal injury claim.
It is essential to document all medical expenses incurred while treating the physical injuries sustained. The reason is that the records will be required when filing for compensation. To get the highest compensation possible, an attorney may advise the injured to wait to attain the highest medical improvement level before filing for damages.
However, the situation may differ because some victims may experience a prolonged treatment and recovery period, which can extend beyond the specified time covered by the statutes of limitation regarding personal injury cases. The calculation of damages may then involve estimating the amount required for extended care in situations like this.
#3. Noneconomic Damages
Not all damages are financial, and arriving at the value of such damages may not be as easy as calculating medical bills and lost wages. Physical injuries can expose the victims to emotional distress and pain. Where the victims die, their loss may rob their families of the love and companionship they should provide.
People diagnosed with post-traumatic stress disorder (PTSD), anxiety, and depression can file for noneconomic damages. Also, family members of a deceased victim can file damages to cover the loss of companionship.
How Much Can a Person Receive in Damages?
How much damage an individual can receive in personal injury cases usually depends on the injury severity. The compensation amount may be lower when the victim sustained minor injuries such as scratches and bruises. However, the patient may require extended treatment for more severe injuries.
In cases where the injuries suffered are severe, the compensation amount to be paid out to the victim will be higher because more severe damage will increase the medical bills. Therefore, the more the injury, the higher the compensation to be paid to the victim. Before deciding on the claim’s value and filing for damages, it is crucial to have all the facts available, including the possible medical care you may require through the treatment and recovery period and its cost implications.
Valuing a claim can be pretty challenging, so it is best to consult an experienced personal injury lawyer to handle the entire process. A personal injury lawyer will take a critical look at the injuries suffered and arrive at a damage value that would cover all losses incurred. Additionally, the lawyer may prove in some cases that the injuries were due to the defendant’s malicious intent. Where the motive is malicious, the court will also award punitive damages to the victim.
Bottom Line
Personal injury cases require the victim to have evidence to prove that the defendant was negligent before damages can be awarded to them. Cases like this require a careful build-up, analysis, and presentation of evidence that would convince all involved that negligence occurred.
The victim may not be able to handle the demands of the case while at the same time focusing on getting better. It is therefore ideal to employ the services of an experienced personal injury lawyer.
