Personal injury cases can become highly complex and often include various types of damages. These damages are a way of compensating the injured party for their losses and expenses incurred due to the injury. Determining the appropriate amount of damages can be a challenging process, so we’ll take a closer look at how damages in personal injury cases are calculated.
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Economic Damages
Economic damages are measurable losses that can be assigned a numerical value. Economic damages are awarded to an injured party as compensation for monetary losses. Here are some of the common economic damages awarded in personal injury cases:
Medical Expenses
Medical expenses in a personal injury case include costs related to medical treatment, medication, rehabilitation, and physical therapy, incur as a result of the injury. These are usually straightforward to calculate as the injured party presents medical records and bills.
Lost Income
Lost income is awarded as compensation for wages lost as a result of the injury. This type of damage includes lost wages from past missed work, potential future lost earnings, and loss of earning capacity. Injured parties are required to prove the amount of income they lost.
Property Damage
If personal property is damaged during the incident that caused the injury, the injured party can seek compensation for repairs or replacement of the damaged property. It is crucial to provide an estimate to the insurance adjuster and submit receipts for the expenses incurred.
Non-Economic Damages
Unlike economic damages, non-economic damages are challenging to quantify, and there’s no set formula for calculating their value. Non-economic damages are awarded to an injured party as compensation for intangible losses. Here are some common forms of non-economic damages:
Pain and Suffering
Pain and suffering damages include compensation for physical pain, mental and emotional anguish, and any other type of suffering that the injured party may experience following the injury. The value of this type of damage varies from case to case and the severity of the injuries.
Emotional Distress
Emotional distress damages are awarded to compensate an injured party for the psychological trauma caused by the injury. This could include symptoms such as depression, anxiety, and fear that stem from the incident.
Loss of Consortium
Loss of consortium damages are awarded to the spouse or partner of the injured party. It’s intended to compensate for the loss of companionship, support, and intimacy suffered as a result of the injury.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s actions were malicious, fraudulent, or grossly negligent. Punitive damages are meant to punish the defendant and prevent similar conduct in the future. These damages are relatively rare in personal injury cases and are only awarded in extreme cases of egregious behavior.
Conclusion
Calculating damages in a personal injury case can be challenging, and it requires a thorough understanding of the types of damages available. The value of each damage will vary depending on the severity of the injuries, the effect on the injured party’s life, and the jurisdiction. Therefore, it’s essential to work with an experienced personal injury attorney who can help navigate the complexities of a personal injury case and ensure just compensation for the injured party.