According to The Centers for Disease Control and Prevention, 39.5 million Americans go to the doctor every year for personal injuries. This includes around 24.5 to 29.4 million emergency room visits for accidental injuries. These figures imply the huge amount of financial burden of injuries that lead to discussions of personal injury claims and seeking compensation.
But how are damages calculated in personal injury cases in Hickory or other states? What other factors need to be included to make sure victims are properly compensated for the sufferings they had to endure?
Let’s learn how the damages are calculated in personal injury cases to help injury victims set realistic expectations and pursue fair compensation.
Types of Damages in Personal Injury Cases
When seeking personal injury claims, you need to understand the different types of damages you can claim.
The primary division is into economic and non-economic damages. Economic damages are the losses that can be measured in numeric terms and are easier to calculate. These are the medical expenses, wages lost, and damages to property.
Non-economic damages are closely connected to the most subjective and non-material aspects of life, such as pain and suffering or emotional distress. They may seem a bit abstract, yet their acceptance is just as important.
Being aware of these categories enables you to express your experience well and be in the position to seek the fair compensation that is rightfully yours. The helpful thing to remember is that each matter is solely different; knowing about these types of damages is likely to strengthen those bond units who are battling against the very common problem exposed.
Calculating Economic Damages
Calculating economic damages in a personal injury lawsuit will, most often, be a relatively simple task since these losses are purely based on actual financial losses. Medical bills, lost income, and future medical treatments are usually the areas that are taken into account in this process.
The first step is to gather all bills and paychecks, as these serve as proof of your total expenses. In case your injuries affect your work, it will be very important to include the future income that you will miss out on from the job.
Out-of-pocket expenses associated with the injury shall also be considered, like the cost of going to the doctor. If you manage to give a detailed account of your financial losses, then you are going to be compensated fairly.
The court’s goal is to restore your previous state, so every detail is vital.
Assessing Non-Economic Damages
Non-economic damages cover the psychological side of the injury, whereas economic damages only take into account physical losses monetarily speaking. The very price of the emotional pain, the loss of enjoyment of life, and the mental distress caused by the injury is filed among non-economic damages.
It is also important to note that these are not easily quantifiable but they are of great importance in your recovery process. Factors such as the nature of the injury, its effect on daily living activities, and the individual’s state of mind all play a part in the process of determining non-economic damages.
You may think you’re alone in having these issues, but many others have had similar experiences. By speaking out and explaining your hurt, you would not only be fighting for the acknowledgment that is rightfully yours but also assisting others since the public would get to understand the great impact of personal injury.
The Role of Insurance in Damage Calculations
If you’ve been hurt in an accident, seeking personal injury advice from a qualified attorney should be your next step. Most especially when negotiating with insurance companies.
Although insurance companies are an important aspect of personal injury cases, their methods for damage calculation can sometimes make the process even more complicated. You may notice that the insurers put an emphasis on lowering their payments, which in turn can create a conflict regarding the actual degree of your injuries and losses.
Often they use formulas or standards that are decided beforehand and do not reflect your case’s particularities at all. You should know that the first offer may not be the full damages you deserve. This is where the presence of an experienced lawyer becomes advantageous.
They will be your advocate and ensure that you get your fair share. You are not the only one going through this; many individuals have been through similar situations and have managed to win the compensation required.
Factors Influencing Damage Amounts
The amount of damages in a personal injury case may be affected significantly by several factors. First and foremost among them comes the degree of injury, which will often lead to higher compensation being offered in case of more serious injuries.
Then come your medical costs, which include all treatments that are likely to continue and which are a burden on your financial resources, etc. The loss of daily living activities, the loss of enjoyment of life, and the immobility of the injured person would also count towards the awarding of damages.
The blame attributed to the other party plays a part in the size of your claim; if their responsibility is established, then you can expect larger damages. The laws of the jurisdiction may vary, resulting in the amount you can recover.
Your knowledge of these factors will enable you to manage your case better in seeking for proper compensation.
Also Read: What Makes Rosenberg & Gluck Different From Other Personal Injury Lawyers
