How Much a Personal Injury Case is Worth?

For personal injuries, those who win in a civil action are naturally entitled to get damages. An award’s precise amount in a personal injury case is determined by the jury on a particular basis. These are the things you should know about damages personal injury. Damages: How Much is a Personal Injury Case Worth? by Nolo has the information.

“How Plaintiff’s Actions (or Inaction) Can Affect a Damages Award

In some cases, an injured person’s role in causing an accident — or their inaction after being injured — can diminish the amount of damages available in a personal injury case.

Comparative negligence. If you’re at fault (even partially) for the accident that caused your injuries, chances are that any damage award will reflect that. That’s because most states adhere to a “comparative negligence” standard that links damages to degree of fault in a personal injury case.

Contributory negligence. In the small handful of states that follow the concept of “contributory negligence” for personal injury lawsuits, you may not be able to recover any compensation at all if you’re deemed partially to blame for the accident.

After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or “mitigate” the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn’t reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced.”

Personal Injury Cases: Compensatory Damages

If you’re thinking about submitting a personal injury case over a slip and fall, a vehicle crash, or any other type of injury, then you may be wondering about what your case is really worth. You need to figure out what the injuries have cost you financially, mentally, and physically (and, in a few instance, whether the defendant’s conduct ought to be punished).

The majority of personal injury damages are deemed as “compensatory,” which means that they’re intended to repay the injured party for what was lost because of the injury or accident. An award of compensatory damages is intended to make the harmed party “whole” again from a financial viewpoint. This means attempting to put a monetary figure on all an accident’s consequences.

A few compensatory damages are quite simple to quantify – such as reimbursement for medical bills and property damage. But it is more difficult to place a financial value on suffering and pain, or the incapacity to enjoy hobbies due to physical limitations because of persistent accident-related injuries.

Types of Compensation in a Personal Injury Case by AllLaw includes the categories of compensation awarded to the successful plaintiff. Here they are:

“Special Compensatory Damages

Special damages compensate for monetary expenses incurred because of an injury. They are unique to the individual victim and vary significantly from one party to the next. An award of special damages should make a victim whole for expenses incurred or for money lost due to the incident or accident that caused their injuries.

Special damages cover any expense or loss related to an injury, and there is no limit to the types of special damage claims that can be made, or to the amount an injured party can claim.

General Compensatory Damages

General damages compensate an injured individual for non-monetary damages incurred in an injury claim. They are called general damages because they address harm that is typically or “generally” sustained in an injury. All personal injury victims are expected to have at least some general damages.

Wrongful Death Damages

A wrongful death claim provides damages for surviving family and loved ones.

Punitive Damages

Punitive damages are only awarded to an injured plaintiff when the wrongful behavior of the defendant was despicable or reprehensible. A common scenario where punitive damages are awarded arises when a defendant is found guilty of wanton or malicious acts or of fraud. These acts might include aggravated battery, sexual assault, or fraudulent behavior that causes widespread financial harm.”

Here is a rundown of the various types of common compensatory damages in numerous personal injury lawsuits.

  • Medical treatment. In personal injury cases, a damages award nearly always includes medical care expenses associated with the injury — reimbursement of the treatment you have already received as well as payment for the estimated medical care cost you will eventually need due to the accident.
  • Income. You could be entitled to get compensation for the effect of the accident on your wages — not just wages you have already lost, but the money you would’ve made in the future as well. In personal injury jargon, a damage award according to future income is categorized as compensation for a plaintiff’s “loss of earning capacity.”
  • Property loss. If any cars or other items were destroyed due to the accident, then you will likely be entitled to compensation for repairs or reimbursement for the damaged property’s fair market value.
  • Pain and suffering. You may get compensation for serious discomfort and pain you suffered throughout the accident as well as in its direct aftermath – also, for any constant pain attributed to the accident.
  • Emotional distress. Emotional distress damages are intended to reimburse a personal injury victim for the mental effect of an injury — including anxiety, fear, or sleep loss. A few states deem emotional distress as a component of any damage to “pain and suffering” that is given to a plaintiff.
  • Loss of enjoyment. When accidental injuries keep you from reveling in daily pursuits such as exercise, hobbies, and other leisure activities, you could be entitled to get damages for “loss of enjoyment.”
  • Loss of consortium. In personal injury lawsuits, damages for “loss of consortium” normally relate to the effect the injuries have on the relationship of the victim with their spouse — for instance, the loss of companionship or the incapacity to have a sexual relationship.

Also, a few states consider the separate effect on the parent-child relationship when one is harmed. In a few instances, loss of consortium damages is given straight to the distressed family member instead of to the victim.

If you have injured in an accident and would like to learn about the various damages you ought to receive, click on the article above.

Think about Hiring a Lawyer? Read This Post for Guidance!

Dealing with an insurer can be challenging in any situations. After a vehicle crash, it can even be scarier to face the duty of presenting all the essential documents to the insurance company and to take part in settlement negotiations. A skilled personal injury lawyer can ease the burden using engaging in information-gathering, collecting the necessary documents, and creating concise and comprehensive demands for your personal injury claims settlement.

Starting a Slip and Fall Injury Claim

Caution Wet Floor sign in a shopping mall

Caution Wet Floor sign in a shopping mall

After an accident like a slip and fall, the initial actions to take could go a very long way towards protecting your future claim. Just follow the following tips, and you cannot go wrong.

Report The Mishap To The Property Owner

If you are harmed in a slip/fall accident, you ought to immediately report it to the owner of the premises or some individual in charge of the premises. If you’re injured on commercial property, notify the highest-ranking individual that can you find in the property about the accident. If you’re injured on public property and the injury wasn’t that severe to call for emergency responders or the police to arrive at the accident scene, notify the town or city about the mishap as soon as possible.

Though failure to instantly report a slip/fall injury won’t legally restrict you from submitting or filing a case, you shouldn’t wait, particularly if the accident was not witnessed by other people. Insurers and juries question the validity of an accident claim that’s unwitnessed, and that wasn’t reported by the following day at least. Even a several-day delay in the accident reporting can hugely harm a claim. In a few instances, perhaps you will even need to send a letter of notification.

Get The Witnesses’ Names

If there were eyewitnesses to the accident, ensure that you acquire their names as well as contact details. Witnesses can be vital in a slip/fall case.

Take Photos ASAP

If you happen to be in a slip/fall accident, perhaps you won’t be in a mood or condition to collect evidence. But take photos immediately if you can. If you have a smartphone or a camera , take as many photos of the scene of the accident as you can – from different angles – prior to leaving the scene.

If you don’t have a device for taking pictures or cannot physically take any photos after the bodily injury claim, have a relative or friend take photos immediately, and before anybody changes or fixes the accident area. This is particularly vital if you slipped or skidded on snow or ice. The ice and snow’s condition can alter within minutes. Ice melt, or can be cleaned or cleared away. It may be tough to win a case involving snow and ice without photos showing the snow and ice as it was during your injury.