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When You are Hurt, How do you Determine what Your Damages Are?
About The Author contact
Elliott T. Dennis
Anchorage, AK
Practice Areas: Animal and Dog Bite, Auto Accident, Brain Injury, Construction Injury, Head and Spinal Cord Injury, Motorcycle Accident, Personal Injury, Premises Liability, Product Liability, Workers Compensation, Wrongful Death
Other Articles by the Author
Frequently, injury clients have no idea what their "damages" are or how to compute their damages. The "art" of determining damages for a personal injury lawsuit often comes from practice and experience. This is one reason to hire an experienced injury attorney to help you with your case as opposed to an experience criminal or probate attorney.
What is My Case Worth? Details to Consider
In the initial interview, I want to learn what my client's damages are or will likely be once he or she has either recovered from the effect of the injury or reached the stage where they will not improve. The big question is, "How has this injury affected you and your family?" Then we get to the details. Have you spent money on medical treatment? Or, was it paid for by your insurance company; it will want to be paid back. Have you lost time from work? Even if you used sick leave, you are entitled to be paid for lost earnings. Is the injury permanent and will it prevent you from returning to your job? Will this injury prevent you from working at your regular job? Has this injury effected your ability to enjoy regular activities with your family or friends or yourself? Were you partially at fault in causing the injury you have suffered?
These are just a few of the questions that I will likely ask. With the answers I can start building a clear picture of what your damages are and what your case may be worth.
Injury or Significant Loss, a Key Ingredient
By way of example, a case where there was little or no loss of time from work and no permanent injury is not worth very much, even if the defendant was reckless in his conduct and the injured person is very, very angry. On the other hand, a person whose injury results in confinement to a wheel chair for the rest of their lives, even though they were partially at fault in causing the injury, will likely be entitled to a large damage recovery. Though no injury compensation amount of money will replace what a seriously injured person has lost, having money to compensate for the loss will help make things better.
It comes down to the bottom line questions, how has the injury affected your life? And, what kind of "damage" picture can an experienced injury attorney prove to the insurance company or to the jury?
I have more than 30 years of experince in litigating all types of injury, death and property damage claims. If you need legal counsel, call me at (907) 929-4890 or (907) 227-7529 (cell) or click here to contact me now.
