The crucial role of computing damages in a lawsuit has become a significant concern for me as a personal injury attorney. It is essential for ensuring our clients receive fair compensation for their injuries. In this article, I will explain the methods we use to calculate damages and why hiring a proficient attorney is crucial in such cases.
1. The Different Types of Damages
Our case management typically involves two main types of damages:
- Economic Damages: These are tangible losses that can be quantified. They usually include:
- Medical expenses (bills from hospitals, operations, rehabilitation costs)
- Lost wages (income lost due to the injury)
- Property damage (repair or replacement costs for damaged property)
- Non-Economic Damages: These are more subjective and cannot be easily quantified. They primarily include:
- Pain and suffering (physical and emotional pain resulting from the injury)
- Loss of enjoyment of life (loss of the ability to engage in enjoyable activities)
- Emotional anguish (mental distress caused by the injury)
2. Collecting Legal Arguments
The first step in calculating damages is gathering all relevant data. This includes:
- Medical Records: Documentation of injuries and treatments.
- Pay Stubs and Tax Returns: Used to establish lost wages.
- Invoices and Bills: Costs associated with medical treatment and property damage.
- Witness Statements: Testimonies from those who witnessed the incident or can attest to the impact of the injuries.
3. Calculating Economic Damages
Using the evidence collected, we can quantify economic losses. This process typically involves:
- Totaling all medical expenses: This includes current and future medical costs related to the injury.
- Calculating lost wages: We determine how much income has been lost due to the inability to work as a result of the injury.
- Assessing property damage costs: This involves evaluating the costs of repairing or replacing damaged property.
4. Non-Economic Damages Calculation
Calculating non-economic damages is often more complex. We commonly use methods such as:
- Multiplier Method: This involves multiplying the total economic damages by a factor (usually between 1.5 and 5) based on the severity of the injuries. For instance, if economic damages amount to $50,000 and the multiplier is 3 due to significant pain and suffering, the non-economic damages would be $150,000.
- Per Diem Method: This approach assigns a daily value to the pain and suffering endured by the client. The daily rate is then multiplied by the number of days the client has suffered due to the injury. For example, if a client has a daily value of $100 for 90 days of pain, the non-economic damages would total $9,000.
5. Some Other Factors to Consider
In addition to the methods mentioned above, we consider several factors that can influence the calculation of damages:
- Severity of Injuries: More severe injuries typically warrant higher compensation.
- Impact on Daily Life: Injuries affecting daily activities, work, or enjoyment of life can increase non-economic damages.
- Long-Term Consequences: Injuries resulting in long-term or permanent effects will significantly impact the total damages.
- Comparative Negligence: If the injured party is partially at fault, the total damages may be reduced based on the percentage of fault assigned to each party.
6. Negotiation with Insurance Companies
The evaluation of damages is employed during negotiations with insurance companies. Our goal is to seek an amount that accurately reflects the suffering and losses experienced by our clients. This negotiation includes considerations for both economic and non-economic damages, ensuring that mental and emotional distress is also factored into the final compensation.
7. Application of a Trial if the Negotiation Fails
If negotiations do not yield a satisfactory resolution, we are prepared to take the case to court. In such instances, we present our calculations and supporting evidence to a judge or jury, advocating for the fair compensation our clients deserve.
Conclusion
Calculating damages in a personal injury claim is a complex process. As personal injury lawyers, we are the primary support for ensuring our clients receive the compensation they are entitled to. If you need legal assistance, lawyers for personal injury claims can help connect you with trusted attorneys who will guide you through the entire process and work diligently to secure a proper settlement for the injuries you have suffered. With experienced legal representation, you can navigate the complexities of personal injury claims and focus on your recovery.
