A common question that will follow the decision to file a personal injury case is “how much is my case worth?” This number can be found by trying to calculate what your injuries have cost you, not only in monetary ways but the burden you’ve taken shouldered physically and mentally as well. These numbers come together to make up your “damages”. There is no such thing as a magic personal injury calculator. Each case is very different. The only way to know the value of your case is to speak with one of our experienced personal injury lawyers.
After a personal injury case is over, whether it has been settled or it was decided in a court, a monetary sum, or damages, is paid to the injured person or the surviving members who brought the case forward. This sum is paid by the person or corporation that was found to be legally responsible for the plaintiff’s accident and injuries. This can either be paid out by the defendant themselves or by their insurance company. If the case is settled, the sum will be negotiated between the parties, the insurance companies, and their respective attorneys. If the case is litigated court and the plaintiff wins, then the sum is decided by a judge or a jury.
We’ve broken down the different types of damages that can be awarded in a personal injury case below. We’ve also detailed how certain actions you take, or your lack of action, can affect the damages and the award given.
A majority of the damages that are included in a personal injury case are listed as “compensatory”. This means that they are intended to compensate for what the plaintiff lost due to the accident or injury. These damages are meant to make the plaintiff “whole” again in the monetary sense.
Putting a dollar amount on the damages from the accident can be complicated. Some damages are easy to monetize, such as reimbursement for medical bills or property damages, but other damages can be extremely difficult to quantify. Assigning a monetary value to pain and suffering and loss of quality of life due to injuries related to the accident can be very difficult. We’ve broken down the different types of compensatory damages for you below:
In some cases, you may receive an award for punitive damage in addition to any compensation you may have received. These punitive damages are awarded in cases where the conduct of the defendant was found to be excessively careless and more egregious than usual. Although these damages are awarded to the plaintiff, instead of being awarded with the intention to make the plaintiff ‘whole’ again, they are awarded with the intention to punish the defendant and act as a deterrent. Many states have set a maximum limit for punitive damages since it is not unusual for these awards to exceed the ten million dollar mark.
If you had a role in causing the accident or failed to take immediate action after you were injured, the damages in your personal injury case can sometimes reflect that. We’ve outlined the ways in which your action can affect your ultimate reward value below:
Following the Four Crucial Steps To Take After An Accident will help ensure that you will be able to recoup the maximum amount of damages from your personal injury case.