Sustaining personal injuries can have a major impact on one’s life. Asides from the physical pain and emotional anguish, individuals may also encounter financial losses resulting from medical bills, lost wages, and other related expenses. If you have sustained injuries in Tennessee, it’s essential to know how compensation for damages is calculated in a personal injury case. In this article, we will outline the factors used in assessing damage in a Tennessee personal injury case.
Table of Contents
Introduction
Personal injury is an area of law that is designed to ensure that victims of negligence, recklessness, or intentional harm are compensated for their losses. To determine the level of compensation due, a court or insurance adjuster will calculate the damages experienced by the victim. There are two types of damages – economic and non-economic.
Economic Damages
Economic damages refer to the financial losses a plaintiff suffers due to injuries sustained in a personal injury case. They are quantifiable and are usually easy to calculate. Examples of economic damages include medical expenses, lost wages, property damage, and future lost earnings.
Calculating economic damages is relatively straightforward. In most cases, a plaintiff’s economic damages will be proved by medical bills, pay stubs, and other related documentation. This means that the plaintiff only needs to prove that the defendant’s negligence or intentional conduct caused him or her to suffer a financial loss.
Non-economic Damages
In contrast, non-economic damages are more complex, as they relate to subjective human experiences that are difficult to quantify. Examples of non-economic damages include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Calculating non-economic damages is more challenging, primarily because there is no straightforward formula or mathematical equation that can be used to determine their worth. Moreover, non-economic damages are often subject to interpretation, which means that a plaintiff’s experience of pain and suffering may differ significantly from another plaintiff’s experience in a similar situation.
Factors Used to Calculate Damages in Personal Injury Cases
To calculate damages in a personal injury case, the court must consider several factors. These include the extent of the plaintiff’s injuries, the severity of the damages, the duration of the injuries, and the impact of the injuries on the plaintiff’s life. Let’s look at each of these factors in more detail.
The Extent of the Plaintiff’s Injuries
The extent of a plaintiff’s injuries refers to the severity and duration of the injuries. In general, the more severe the injuries, the more compensation the plaintiff is likely to receive. For example, if a plaintiff has a broken leg, he or she will likely receive more compensation than a plaintiff with a sprained ankle.
Similarly, if the plaintiff’s injuries are long-lasting or permanent, he or she may receive more compensation than a plaintiff whose injuries are expected to heal completely.
Severity of the Damages
The severity of the damages relates to the extent of the injury and the level of pain and suffering the plaintiff has experienced. A court may take into consideration the nature of the injuries, such as whether they are psychological, emotional, or physical. Damages for an injury-induced disability will likely be much higher than those for minor injuries that do not have any lasting impact.
In general, the more severe the damages, the higher the compensation due. However, it’s important to note that damages are often subjective, which means that two people may experience the same injuries differently.
Duration of the Injuries
The duration of the injuries is another important factor that courts will consider when assessing damages. Generally, the longer the injuries persist, the higher the compensation will be. For instance, a person who has been disabled for several years due to a personal injury will likely receive significantly higher compensation compared to someone whose injury lasted for only a few weeks.
Impact of the Injuries on the Plaintiff’s Life
Lastly, courts will consider how the plaintiff’s injuries have affected his or her life. This may include the impact on their ability to participate in recreational activities, spend time with their family, or perform their job duties.
A plaintiff who is unable to work due to injuries will likely receive more compensation than one who can still work but experiences significant pain and discomfort while doing so.
Conclusion
Ultimately, the amount of damages one receives in a personal injury case depends on many factors. In Tennessee, calculating damages in a personal injury claim can be complex and requires careful evaluation of the plaintiff’s injuries. Personal injury plaintiffs should work closely with their attorneys to ensure that they receive the appropriate compensation for their losses. If you’ve been injured in an accident and have questions about how to calculate damages for your case, consult with a qualified personal injury attorney to learn more.