In a personal injury case, it’s important to assess all of the damages so that you can receive the compensation that you’re entitled to. Each case is different, but there are strategies that you can implement to accurately assess the damages in your case.
Defining Damages in a Personal Injury Case
Damages in the legal realm are defined as losses, whether physical, mental, or emotional, incurred by the victim. The losses may have resulted from an injury to the victim, or the victim’s property, reputation, or mental health. The value of these losses is assessed to determine the total amount that the defendant is liable for in the personal injury case.
Assessing Personal Injury Damages
To assess the damages in a personal injury case, it’s important to factor in the cost of:
- Medical bills for the injury
To receive compensation for medical bills resulting from an injury, the plaintiff will need to go provide evidence. This is often in the form of an independent medical exam and report performed by a medical professional that isn’t the plaintiff’s primary healthcare provider.
- Lost wages or lost income
If the plaintiff had to take time off of work as a result of the injury, the lost wages or income can be included in the damages. For plaintiffs who are permanently unable to work after the injury, a financial expert is often consulted to calculate lost earning capacity and future lost income.
- Pain and suffering
Unlike medical bills and lost wages, “pain and suffering” encompasses non-economic damages of the accident in a personal injury case. This may include:
Physical pain from the accident
Physical discomfort from the needed medical treatment
Psychological effects of the accident and injuries, including anxiety, lost sleep, etc.
- Emotional distress
If the plaintiff’s mental health is significantly impacted by the accident, an emotional distress claim may be made. However, diagnosis or treatment from a mental health professional is often required to do so.
The experienced personal injury attorneys at Weldon & Rothman, PL will ensure that your damages are accurately assessed for the highest possible compensation in your personal injury case. Contact us today to schedule a free case review.