Personal injury occurs when a person suffers physical, psychological, and property damage due to a third party’s negligence. For example, a car accident can occur when the opposite party is negligent while driving, and in such cases, legal provisions are available for the victim. The defendant party has to pay compensation for all the damages that the victim has faced due to the injury.
There is a personal injury lawsuit in such circumstances, and it can be solved either outside the court or in the court if there is no settlement. However, the question arises: What are the ways to calculate damages in personal injury cases? If you are also having similar questions in your mind, then you are at the right place. In this article, we will discuss the factors associated with calculating the damages. You can also consult a personal injury lawyer to understand the factors that affect the calculation of damages.
What are the Factors Associated with Calculating the Damages in Personal Injury Cases?
- Medical Costs: The first and foremost factor to calculate the damage is the medical cost of the injury. It is one of the most visible costs related to the accident. Therefore, it is essential to consider such costs. There would be estimates of medical expenses, appointments, follow-ups, medications, surgery fees, physical therapy, and other such expenses. All such costs will be calculated, and the victim’s personal injury lawyer will provide these bills as evidence of the damages.
- Loss of Earning Potential: Earning potential is lost during accidents, especially to the victims. Thus, lost wages that the person would have earned if there had not been an accident will be estimated.
- Pain and Suffering: Pain and suffering are abstract concepts, and we cannot measure them in monetary terms. However, when there is a matter of settlement, lawyers consider the pain and suffering that the victim faces due to the accident. It is also one of the important damages, and therefore, it is used to calculate the settlement amount.
- Lost Opportunities: When a person suffers an injury, there is a loss of opportunity, and therefore, they suffer monetary losses. So, in personal injury cases, these loss of opportunities are also included in estimating the damages in the personal injury cases.
- Property Damage: If there is a car accident or any such event, then there will be property damage. So, this damage is also essential in personal injury cases. It will ensure that all the damages are included and that there is a fair settlement to the victim.
