Sustaining an injury can lead to various types of damages such as medical expenses, lost income, and pain and suffering. If you or someone you know has been injured in an accident, it’s essential to understand how to calculate damages in a Tennessee personal injury case.
Table of Contents
Economic Damages
Economic damages refer to the monetary losses that occurred because of the injury sustained. These damages are relatively easy to calculate and include:
Medical Expenses
All medical expenses incurred because of the injury are included in this category. It can cover hospital bills, medication, rehabilitation, and therapy, among others. Make sure that you document all medical expenses such as bills, receipts, and reports.
Lost Income
If the injury resulted in missed work, you are entitled to compensation for lost wages. Lost income can be calculated by taking the average income before the accident and the time you missed work due to the injury.
Property Damage
If any property was damaged during the accident, the cost of repair or replacement can be added to the economic damages. For example, if your car was damaged in a collision, the repair or replacement cost can be included in the damages.
Non-Economic Damages
Non-economic damages are more challenging to calculate as they refer to losses that cannot be measured in monetary terms. These damages include:
Pain and Suffering
Pain and suffering reflect the physical and emotional anguish experienced as a result of the injury. Some factors that can be taken into account when determining the amount of pain and suffering include the severity of the injury, the length of time for recovery, and the effect on daily activities.
Emotional Distress
Trauma, anxiety, depression, and other issues can develop as a result of the injury sustained. These cases tend to be subjective and more challenging to prove, and it’s essential to have a knowledgeable personal injury attorney to assist with the case.
Loss of Consortium
Loss of consortium refers to the impact of an injury on the victim’s relationship with their spouse or partner. This damage can include loss of companionship, affection, and sexual function.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s actions were especially malicious or reckless, leading to the injury. These damages are meant to punish the defendant and deter others from engaging in similar behavior.
The Role of a Jury
In personal injury cases, a jury is responsible for determining the amount of damages to be awarded. The jury will consider the evidence presented by both sides and make a decision based on the circumstances of the case.
Conclusion
Calculating damages can be complicated, and it’s essential to ensure that all damages are documented and taken into consideration. A knowledgeable personal injury attorney can assist with the process and ensure that your rights are protected.
If you or someone you know has been injured in an accident, contact a personal injury attorney today to get the legal representation you need.