Personal Injury Case: Recoverable Damages
Personal Injury Case: Recoverable Damages
If you got injured in an accident, you may be questioning how much compensation you may obtain through a personal injury claim. It might be difficult to estimate the value of your case immediately. This is because it will take some time for you to recover and comprehend how your injuries may affect you in the future.
Since each case is different, your damages may not include all of the damages listed below. Or you may have additional damages to include in a personal injury claim. A Beaumont personal injury lawyer can assist you in this regard.
Let’s go over the various types of damages you could sue for if you were injured in an accident and how to calculate the value of those damages in a personal injury claim.
In most personal injury cases, the types of damages obtainable are divided into one of three categories (economic damages, non-economic damages, and special/punitive damages). The amount of compensation you obtain for each of the damages is determined by your case’s facts and circumstances.
Economic damages are financial losses caused by a personal injury and include the following:
Bills For Medical Services
Any medical expenses incurred as a result of your accident should be included in your personal injury claim. This includes emergency room visits, surgeries, hospital stays, doctor visits, medications, and so on.
- Personal property damage, such as vehicle damage from a car accident
- The cost of future medical care for permanent injuries and impairments
- Wages, benefits, salaries, and other forms of income lost
- Loss of future earning potential
Personal injury claims also include property damage. Property damage claims are typically settled early in the proceedings. Vehicle damage caused by a traffic accident is the most popular type of property damage claim.
Non-economic damages are intended to compensate you for the physical, mental, and emotional toll your injuries have taken. These are non-monetary damages, making them more difficult to calculate. Several formulas can be used but the multiplier method is the most common – the total economic losses are multiplied by a factor between 1.5 and 5 depending on the severity of the losses.
Pain And Suffering
Being in pain has a significant negative impact on the overall quality of your life. Compensation for pain and suffering compensates you for having to endure this ordeal.
The extent of your pain and suffering damages will be determined by the severity and duration of your injuries. For severe injuries that cause permanent disabilities, pain and suffering damages may be greater than economic damages.
Mental And Emotional Distress
Following a serious accident, some people develop post-traumatic stress disorder (PTSD) or other mental issues. This could be due to the circumstances of the accident or the mental strain of dealing with serious physical injuries.
You’ll have to back up your claim for these damages. This can be accomplished with a psychiatric diagnosis of PTSD or other mental health issues, as well as other medical records demonstrating your symptoms.
Loss Of Enjoyment
Loss of enjoyment damages are for actions or experiences that you have been deprived of as a result of your injuries. Serious injuries, for example, may prevent you from horseback riding, golfing, or participating in a variety of other enjoyable recreational activities. These damages will be determined by your specific injuries and the activities you are no longer able to perform.
Damages for loss of use may be awarded to cover the cost of use of a limb or other body part. These damages can vary depending on which body part is injured and if it has lost functionality partially or completely.
Reduced Earning Power
If you are unable to return to work or are forced to accept a lower-paying position, your Beaumont personal injury attorney will assist you in calculating the impact of your injuries on your potential to generate an income in the future.
According to the Legal Information Institute, punitive damages are paid in addition to real losses. Punitive damages are regarded as punishment and are usually granted at the discretion of the court when the defendant’s action is deemed extremely detrimental.
In rare cases, a court may award punitive damages to a personal injury plaintiff. These monetary damages are not intended to compensate the victim. They are instead intended to punish the defendant for extreme recklessness or intentional infliction of harm. They are also intended to send a message and discourage future reckless behavior.
How Much Punitive Damages Are Realistic?
Punitive damages are granted based on an examination of the plaintiff’s realistic damages, and the amount of punitive damages issued is equal to the plaintiff’s losses. It is deemed unlawful to award punitive damages in sums that are excessive or inappropriate to the plaintiff’s genuine damages.
Many jurisdictions have imposed a ceiling that restricts the number of punitive damages that may be granted as a result of multiple defendants seeking to claim unrealistic and unreasonable sums for punitive damages.
In general, the more serious the injuries incurred and the greater their influence on the plaintiff’s daily life, the greater the punitive damage sum will be given to the plaintiff.
Calculating The Value Of Damages In A Personal Injury Case In Beaumont, TX
The worth of your claim for personal injury is determined by several factors:
- The type and severity of your injuries
- The parties involved in the claim
- Your total financial damages
- Whether you sustained a permanent impairment
- The amount of insurance available for your claim
- Whether you contributed to the accident’s cause
Economic damages are typically the sum of all financial losses resulting from the accident. Damages for pain and suffering are more difficult to calculate but the multiplier method is pretty much standard in this regard.
Hire A Beaumont Personal Injury Lawyer For Legal Representation & More!
Following your accident, you will very certainly suffer significant economic losses, many of which can be claimed as special losses in your personal injury claim. A competent Beaumont personal injury attorney, from Brent Coon and Associates, can help you calculate your damages and strengthen your claim so that you get the best legal remedy possible. This can be accomplished via mutual agreement or, if required, through litigation via a court order.
Our firm’s Beaumont personal injury lawyers thoroughly examine every element of a given case to give you the best possible advice and representation. We have managed thousands of personal injury lawsuits involving all types of damages; you can count on us with your claim.
Contact us as soon as possible to maximize the recovery of your claim!