The amount of compensation or claims that a plaintiff could get will depend on different factors. Each case will have a different value of compensation as well. The possible amount of claims will include the value of economic and non-economic damages. Economic damages are about financial losses and expenses due to an accident, while non-economic damages entail the value of pain and suffering experienced by the plaintiff. Consider that if the case involves high economic damages, it will also make the value of the claims high. To have an idea on much personal injury compensation could a plaintiff recovers, think of these elements of the case and include these in the equation.
The common damages involve in personal injury cases are compensatory. It means that you could get the value of compensation from the costs of the damages. All of the plaintiff’s expenses and costs of damages should be at least equivalent to the compensation. Below are the different kinds of compensatory damages that are included in computing for personal injury compensation.
The plaintiff’s income will be included in the computation of claims. It will also cover the amount of money he or she will be able to make if the accident didn’t occur. All of the current wages and possible income from the career opportunities will be computed and included in the total amount of claims.
These are the amount of all expenses related to medical treatments and recovery of the victim from injuries. It even includes the estimated amount needed for future medical expenses. Every amount of medical expenses should be reimbursed to the plaintiff.
Plaintiffs could suffer from emotional burdens as well. All of the psychological effects of the accident will be covered by the compensation. Examples of these are fear, sleep loss, and anxiety. These are some common effects of an accident on the victims.
This will include the value of pain and suffering you have experienced from the injuries. All of the discomforts suffered and pain caused by the accident will be added to the compensation. On-going pain is included in it as well.
It covers the effects of the injuries on the relationship of the plaintiff’s spouse. It could be about the suffering brought by the loss of companionship or even the loss of a sexual relationship. Sufferings that affect the relationship of the plaintiff to the parents and children are also considered in other states. These kinds of burdens are being considered as damages and the victim is entitled to claims for it.
The loss of capability to socialize with other people and do things that the plaintiff used to do before the accident are included in the compensation. Due to the injuries, the victim is not able to do his or her favorite recreational activities and exercises. The plaintiff is now unable to spend more time with other people unlike before the injuries. This is also called loss of enjoyment damages.
This includes the total cost of the damaged materials things in the accident. In could the price of the car, equipment, house, clothes, etc. The fair current market value of the properties will be computed.
The Severity of the Injuries
The total amount that a plaintiff spends on the medical treatments brings a huge impact on the total amount of compensation. The longer the period needed for recovery, the more expenses the victim has. In addition to this, the severity of the injury affects the recovery period and expenses. The more severe the injury is, it will make the amount of compensation higher.
Comparative Negligence
In some states, if you are at fault or even partially only, your compensation will reflect it. It is due to the comparative negligence standards. This connects the damages to the degree of fault by a party.
Physical Factors
Injuries or health issues before the accident could make the negotiation with insurance companies more complicated. You might have to defend that your injuries from the accident are not related to or because of other health issues. This situation, if not managed wisely, could lessen the amount of compensation you can get.
Contributory Negligence
You have to consider also that some states follow contributory negligence. In this case, you will not be able to recover any claim if you are partially at fault.
Every case is different and determining exact figures of compensation for each without studying the case is impossible. It involves a lot of elements which makes it unique. The facts provided here are only references that you can use to have an idea of personal injury claim settlement amounts. At the end of the day, the best way to answer this question is to have a consultation with experienced personal injury law attorneys. A lawyer will guide you throughout the process and provide a computation of compensation you could get from your case.
What You Need to Know Before Choosing A Personal Injury Lawyer
There are a lot of personal injury law attorneys you can find around. Everyone promises the best results for you which you might fall into. Among all of these lawyers, how would you know the one who could help you? Finding the best personal injury attorney might be tough but if you know what to look for, you could have the right attorney you need. Here are things you need to know first before hiring a personal injury lawyer.
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