What are the ways to determine damages in personal injury lawsuits?
January 6, 2023
Every accident leads to some damage or other. There are various kinds of accidents like vehicle accidents, premises liability, product liability, medical malpractice, slip, and fall accidents, workplace injuries, and wrongful death. Most of these accidents are caused due to negligence of another party or the wilful conduct of someone. In both cases, the injuries come under the purview of personal injury law. You are entitled to compensation for the damages you suffered from the accident. If someone denies you the claim or forces you to settle for less compensation, then you must file a personal injury lawsuit.
The following damages are to be considered by Workers’ Compensation lawyers in personal injury lawsuits:-
Special damages: In a personal injury you suffer from monetary damages that are to be recovered by filing for compensation. Such monetary damages and costs are called special damages. These are economic damages and cover the following:-
- Medical, ambulance, medication, and rehabilitative expenses
- Expected future medical expenses
- Lost wages
- Expected future lost wages
- Reduced earning capacity
- Property damage costs, such as repairing or replacing a damaged vehicle
If there are other expenses also related to your injury, you can collect the receipts and invoices as evidence and calculate them in the compensation amount that you are asking for.
General damages: Personal injury lawsuits do not only consider economic damages but non-econoimc damages as well. These subjective costs do not have any monetary value, Such damages are also to be calculated in the compensation claim amount. Some of the common general damages that everyone seeks are – pain and suffering, mental and emotional anguish, loss of quality of life, loss of reputation, psychological trauma, physical disfigurement, permanent disability, etc.
Damages for wrongful death: If you have lost a loved one in a wrongful death case, then your family is entitled to wrongful death damages. Such damages include funeral and burial expenses, loss of financial support from the deceased, loss of consortium, loss of parental guidance, loss of inheritance, etc.
Personal injuries not only lead to physical injuries but also impacts you emotionally and mentally. Some injuries lead to permanent disability and sometimes the death of a loved one. Such damages are irreplaceable. However, you must ensure to claim what you are entitled to for the damages caused and the pain and suffering. You must hire a reputed personal injury attorney to help you with your personal injury lawsuits.