Determining the amount of compensation you’re entitled to receive in a personal injury claim can be a complex process. Understanding how damages are calculated is crucial to ensuring you get a fair settlement. This blog will guide you through the various types of damages and the methods used to calculate them.
Working with a Personal Injury Attorney
Navigating a personal injury claim can be daunting, and having an injury attorney by your side is crucial to ensure you receive maximum compensation. According to the Dallas personal injury lawyers at Mathias Raphael PLLC Accident & Injury Lawyers, an attorney can help your case by doing any of the following on your behalf:
- Assess your lost income and benefits
- Calculate your total property loss
- Monitor filing deadlines for a personal injury lawsuit
- Retain expert witnesses
- Calculate your total damages;
- Negotiate a fair and appropriate settlement; and
- Take your case to court if necessary.
Types of Damages
Damages in personal injury claims generally fall into two main categories: economic (or special) damages and non-economic (or general) damages.
Economic Damages
Economic damages are tangible, out-of-pocket expenses incurred as a result of the injury. These can include:
- Medical Expenses: This covers all medical-related costs, including hospital bills, surgery, medication, physical therapy, and future medical expenses related to the injury. It’s essential to keep detailed records and receipts of all medical treatments and consultations.
- Lost Wages: If the injury has caused you to miss work, you can claim compensation for lost income. This includes wages lost during the recovery period and potential future earnings if the injury affects your ability to work.
- Property Damage: If any personal property was damaged in the incident (e.g., a car in an auto accident), you can claim the repair or replacement costs.
- Other Out-of-Pocket Expenses: This can include travel expenses for medical appointments, hiring help for household tasks you can’t perform due to your injury, and any other costs directly related to the injury.
Non-Economic Damages
Non-economic damages are more subjective and compensate for the non-monetary aspects of the injury. These can include:
- Pain and Suffering: This accounts for the physical pain and emotional distress caused by the injury. Calculating pain and suffering can be complex and often depends on the severity of the injury and its impact on your daily life.
- Emotional Distress: This covers psychological effects such as anxiety, depression, and trauma resulting from the injury.
- Loss of Enjoyment of Life: If the injury prevents you from enjoying hobbies, exercise, or other activities you once loved, you may be compensated for this loss.
- Loss of Consortium: This refers to the impact of the injury on your relationship with your spouse, including loss of companionship and support.
Methods for Calculating Damages
Medical Bills and Documentation
Compile all medical bills, pharmacy receipts, and insurance statements to accurately account for your healthcare-related expenses. Future medical costs should be estimated based on your physicians’ recommendations.
Pay Stubs and Employment Records
Gather pay stubs, tax returns, and employment contracts to substantiate your claim for lost earnings. For loss of future earning capacity, expert testimony from an economist or vocational rehabilitation specialist may be required.
Professional Evaluations for Non-Economic Damages
Non-economic damages often require evaluations from mental health professionals. Additionally, testimony from friends and family can help demonstrate the emotional and psychological impact the injury has had on your life.
Calculating Non-Economic Damages
Multiplier Method
One common method for calculating pain and suffering is the multiplier method. This involves adding up all economic damages and multiplying that sum by a number typically between 1.5 and 5, depending on the severity of the injury and its impact on your life. For example, if your economic damages total $20,000 and the multiplier is 3, your pain and suffering damages would be $60,000, making the total claim $80,000.
Per Diem Method
This method assigns a daily rate to the pain and suffering experienced and then multiplies that rate by the number of days the injured party is reasonably expected to experience the pain and suffering.
Types of Fault
Understanding the different fault systems in personal injury cases is crucial, as they affect how damages are calculated and whether you can recover compensation. The main types include:
- Contributory Negligence: Used in states like Alabama and Maryland, this strict rule means you cannot recover any damages if you are even slightly at fault.
- Pure Comparative Fault: States like California and New York follow this rule, allowing you to recover damages reduced by your percentage of fault, even if you are mostly at fault.
- Modified Comparative Fault: This system has two variations:
- 50% Bar Rule: States like Colorado and Georgia allow you to recover damages if you are less than 50% at fault. If you are 50% or more at fault, you receive nothing.
- 51% Bar Rule: States like Texas and Utah allow you to recover damages if you are not more than 50% at fault. If you are 51% or more at fault, you receive nothing.
How Fault Types Affect Your Claim
The fault system in your state will impact your compensation eligibility and amount. Understanding your state’s rules and consulting with a personal injury attorney can help ensure you receive fair compensation.
Receiving Maximum Compensation for Your Claim
Calculating damages in a personal injury claim involves understanding the various types of damages, gathering the right documentation, and employing appropriate methods to quantify non-economic losses. An experienced personal injury attorney can play a crucial role in ensuring all aspects of your damages are fully accounted for, aiming for a fair and comprehensive settlement.
