After a car accident, an injury on a jobsite, a slip and fall, or any one of numerous other types of personal injury accidents, you might be wondering, “What is my personal injury claim worth?” The answer is not often simple. The value of your personal injury claim directly relates to the “damages” you have suffered. When calculating a damages award the court will look to what the personal injury cost you financially, physically, and emotionally. Punitive damages, available in some cases are designed to punish the defendant and also serves as a deterrent of future repeated conduct.
Money damages are paid to the injured party, in a personal injury lawsuit, by the actors that found to be the actual and proximate cause of the injury. The parties to the lawsuit can negotiate a settlement or the judge or jury will order an award of damages at the end of a trial. The knowledgeable and experienced personal injury attorneys at Needham Kepner & Fish LLP will assess your case and provide you with an idea of what damages you may be entitled to recover.
Compensatory damages are intended to compensate the injured for damages caused by the defendant. They are designed to make the injured person whole again from a financial perspective. This means the court must put a dollar figure on all the consequences of a personal injury accident. Some compensatory damages are simple to calculate, such as reimbursement for medical bills and property damage. On the other hand, it is difficult to place a monetary value on pain and suffering and other non-monetary damages.
Common Compensatory Damages in Personal Injury Cases
Medical Bills. Personal injury damages awards most often include the cost of medical services provided to the injured as a result of the accident. This calculation will include medical services you have already received and also for the estimated cost of future medical care you’ll need because of the personal injury you sustained as a result of the defendant’s conduct.
Past and Future Earnings. You may be entitled to compensation for the impact that the personal injury had on your wages and salary. It is not limited to income you have already lost but also the money you would have been able to make in the future, if the accident had never occurred.
Property Damage or Loss. If any automobiles, clothing, or other personal property belonging to you were damaged and caused by the defendant, you may be entitled to the cost of repairs or an award of the fair market value of the property that was damaged or lost.
Pain and suffering. You may be entitled to a damages award for pain and serious discomfort you experienced during the accident and in its aftermath. This may include ongoing pain and suffering attributable to the personal injury accident.
Emotional distress. Emotional distress damages are designed to compensate a personal injury victim for the psychological impact associated the personal injury. Emotional distress damages include fear, anxiety, and sleep loss.
Loss of enjoyment of life. When a personal injury accident interferes with your enjoyment of things like hobbies, exercise, sports and other recreational activities, you might be entitled to recover loss of enjoyment of life damages.
Loss of consortium. Loss of consortium damages generally relate to the impact the personal injury has on the plaintiff’s relationship with their spouse. In some cases, loss of consortium damages are awarded to the affected family member instead of to the injured plaintiff.
Personal Injury Law Firm
We understand the devastating impact a personal injury has on you and your family. We truly care about helping you recover compensation for your suffering. We have knowledgeable and practical experience in litigation and mediation. Our personal injury attorneys handle:
We also have experience with complex personal injury cases involving catastrophic injuries, such as traumatic brain injuries, spinal cord injuries and wrongful deaths.
Personal Injury Legal Representation
Whether your legal issue involves a serious injury, illness, abused elder or business dispute, our goal is to work closely with you to obtain results. To schedule a free initial consultation, contact Needham Kepner & Fish LLP today online or at 1-408-956-6949. We handle personal injury cases on a contingent fee basis, which means that you pay us nothing unless you recover compensation.