Calculating Damanges For An Accident Injury Claim

If you are making an accident injury claim, it is important that you understand how to calculate damages. You may need to know how to calculate damages in order to anticipate what your possible jury verdict may be if you decide to take the case to court. It is also important to know what your damages are likely to be in case you are offered an out-of-court settlement, so you can determine if the settlement is fair and fully compensates you for all the damages the law entitles you to.

How are Damages Calculated for an Accident Injury Claim?

Damages for an accident injury claim are designed to fully compensate the plaintiff. In some cases- where punitive damages are awarded- the damages are also designed to punish the defendant. The damages available are broadly grouped into different groups, and understanding these types of damages is essential to calculating damages for an accident injury claim. The damages include:

Medical bills - You should be fully compensated for any medical costs you incurred as a result of the injury. This can include doctor's visits, surgery, physical therapy and other related costs. Usually, calculating the damages due for medical bills is pretty straightforward- the bills to date as well as the expected cost of any future medical expenses are simply added up.

Lost wages - If you missed work as a result of the injury, you are entitled to be compensated. Calculating damages for lost wages is pretty straightforward as well. The plaintiff simply must show how much he was making and how much work he has missed and is likely to miss in the future. In the case of wrongful death lawsuits, the lifetime expected earnings of the deceased victim are added up as part of the wrongful death settlement.

Pain and suffering - Calculating damages for pain and suffering is a bit more confusing- after all, how do you put a dollar amount on how much pain a person feels for a broken arm? The jury will generally use their judgment to determine pain and suffering damages. The more serious the injury, the more likely it is that pain and suffering damages will be high. In some cases, such as in many states for medical malpractice lawsuits, these are considered non-compensatory damages and a limit or cap may be imposed. In California, for example, a $250,000 limit is imposed on non-compensatory damages.

Emotional distress -This is also intangible and difficult to discern. The jury will look at the nature of the injuries and at any evidence of emotional distress arising from them. For example, a psychiatrist testifying that an accident victim is suffering from post traumatic stress disorder (PTSD) may result in higher damages for emotional distress.

Punitive damages - Punitive damages are generally limited to cases where the defendant acted in a grossly negligent manner, where the defendant was motivated by financial gain or where the defendant hurt a plaintiff on purpose. These types of damages are common in defective drug or defective product cases, and can often be quite high when awarded. Some states have also imposed monetary limits on punitive damage awards.

Getting Help

If you have been injured, it is essential you consult with an experienced personal injury attorney who can provide you with details on what your expected damages may be for a given case. Your attorney can evaluate the nature of your injuries and the strength of your evidence as well as the laws and past verdicts in your state. He can use this information to let you know what your expected recovery may be and whether a settlement is fair or not.

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