How To Assess Damages in A Personal Injury Case

If you are in an accident—motor vehicle, slip-and-fall, etc.—that results in a personal injury you are probably due some form of compensation.  That is to say, of course, if it is not your fault.  But while it may be very clear that you deserve this compensation, it may not be quite as clear just how much money you will receive.

Indeed, assessing damages in a personal injury case can be complicated and that is largely why you need a personal injury lawyer to handle this case.  It might seem that you can simply go into court, present your facts, and the judge will agree and determine in your favor, but if you want to get the maximum compensation (for example) you will need a professional who knows the ins and outs of the legal system.

Factors You Must Consider To Determine Personal Injury Damages

The first thing you should know is that most personal injury cases (as much as 90 percent) can reach a resolution before going to trial.  This is why you want a lawyer.  Lawyers will assess many factors to help reach the quickest resolution:

    • nature of the injury
    • cause of the injury
    • impact this injury will have on other areas of your life (work, etc.)
    • medical information
    • existing cases of similar circumstance or merit

Compensatory Damages Associated With Personal Injury Cases

Once your lawyer figures out how to approach your case they will determine the “damages.”  In personal injury cases these damages are considered “compensatory,” which means that you are owed restitution to compensate for what you might have lost as a result of the injury. This can include:

    • vehicle repairs
    • property loss (if your accident resulted in destroyed clothing or other personal property)
    • medical bills
    • lost wages from missing work
    • physical therapy
    • medication
    • physical or mental impairment
    • “pain and suffering,” which is the “monetary value of pain” (because it makes it harder to enjoy your hobbies or take care of your kids, etc)