Table of Contents
Introduction
Personal injury cases can be complicated, and one of the most complex aspects of these cases is determining the amount of compensation that is due to the plaintiff. There are many factors that go into determining the amount of compensation in a personal injury case. In this article, we will discuss how the amount of compensation is determined in personal injury cases in Oregon.
Types Of Damages
The first step in determining the amount of compensation in a personal injury case is to understand the types of damages that are available. In Oregon, there are two types of damages: economic and non-economic.
Economic Damages
Economic damages are compensation for actual financial losses that the plaintiff suffered as a result of the injury. Examples of economic damages include:
- Medical expenses
- Lost wages
- Property damage
- Rehabilitation costs
- In-home care expenses
Non-Economic Damages
Non-economic damages are compensation for intangible losses that the plaintiff suffered as a result of the injury. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of consortium (the loss of companionship or intimacy with a spouse)
Factors That Affect Compensation Amount
Once the types of damages have been determined, there are many factors that can affect the amount of compensation that the plaintiff is entitled to receive.
Severity Of The Injury
One of the most important factors in determining the amount of compensation is the severity of the injury. Generally, the more severe the injury, the higher the compensation that is due.
Duration Of The Injury
The longer the plaintiff was injured, the greater the amount of compensation that is due. This is because a longer injury can result in a greater loss of income and higher medical expenses.
Negligence
If the defendant was negligent in causing the injury, the plaintiff may be entitled to greater compensation. The amount of compensation awarded will depend on the degree of negligence.
Contributory Negligence
If the plaintiff was partially responsible for the injury, the amount of compensation awarded may be reduced. The amount of reduction will depend on the degree of fault of the plaintiff.
Insurance Coverage
The amount of compensation that the plaintiff is entitled to may be affected by the insurance coverage that is available. If the defendant has limited insurance coverage, the amount of compensation may be reduced.
Out-Of-Pocket Expenses
The plaintiff is entitled to compensation for out-of-pocket expenses that were incurred as a direct result of the injury. This includes expenses such as medical bills and lost wages.
Future Medical Expenses
The plaintiff may be entitled to compensation for future medical expenses that are expected as a result of the injury. This includes expenses such as ongoing medical treatments and long-term care.
Conclusion
The amount of compensation that is due in a personal injury case in Oregon is dependent on many different factors. This includes the severity of the injury, the duration of the injury, the degree of negligence, and more. If you have been injured and are considering a personal injury case, it is important to speak with an experienced attorney who can help you navigate the complexities of the legal system and ensure that you receive the compensation that you are entitled to.