In any personal injury case, the main objective is to receive compensation for any losses, medical bills, lost wages, and pain and suffering incurred by the injured individual. Damages are the monetary compensation awarded to the victim to recover their losses from the injury. In Idaho, determining the amount of damages a plaintiff is entitled to is an essential part of any personal injury case.
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Types of damages
There are two primary types of damages awarded in personal injury cases: general damages and special damages.
General damages
General damages refer to the non-economic losses that a victim suffers as a result of an injury. These losses can include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Permanent disfigurement or disability
- Loss of enjoyment of life
Special damages
Special damages are the economic losses incurred due to an injury. These losses include:
- Medical expenses
- Hospital bills
- Lost wages
- Future lost wages
- Loss of earning capacity
- Property damage
Calculating damages
Calculating damages in an Idaho personal injury case involves analyzing the plaintiff’s special and general damages and accounting for any future losses. Here is how each type of damage is calculated:
General damages
The amount of compensation awarded for general damages is generally determined on a case-by-case basis, considering factors such as the severity of injuries and how long they will affect the plaintiff’s life. Factors that could affect general damage amounts include:
- The type of injury
- The victim’s age, occupation, and life expectancy
- The degree of suffering and pain experienced by the victim
- The psychological impact of the injury on the plaintiff
- The impact of the injury on the victim’s quality of life
Special damages
Special damages are calculated by totaling the actual financial losses incurred by the plaintiff. These damages are relatively more straightforward to calculate, and include:
- Medical expenses – All costs related to medical treatment incurred due to the injury, including surgeries, prescription medication, physical therapy, and medical equipment, etc.
- Lost wages and income – Any wages or income lost by the victim due to injury, including missed workdays and impairment of earning capacity.
- Property damage – Any damage to the plaintiff’s property resulting from the injury.
Future losses
Future losses are estimated losses that the plaintiff is likely to incur after receiving the compensation award. These can include:
- Future wages – In situations where the plaintiff will no longer be able to work or work at full capacity due to the injury, the compensation award will consider future wages.
- Future medical expenses – Chronic injuries often lead to further medical expenses down the road. A competent personal injury attorney will help the plaintiff determine these costs.
How an Idaho Personal Injury Attorney can help
While it is possible to calculate damages in a personal injury case alone, it is always best to enlist the help of an experienced Idaho personal injury attorney. An attorney will handle all the necessary calculations and provide accurate estimates of future losses. Furthermore, an attorney can advocate for the plaintiff and negotiate for higher compensation amounts.
Conclusion
Calculating damages in an Idaho personal injury case can be a lengthy and complicated process. An experienced personal injury attorney will help the plaintiff determine the appropriate compensation award that considers all damages incurred, present and future. Accurately determining the appropriate compensation award helps ensure the victim’s recovery is not further complicated by financial burdens.