When someone is hurt because of the carelessness or wrongdoing of another, the victim has a right to seek compensation and justice via a personal injury lawsuit. Seeking compensation calls for a complete comprehension of the situation and an accurate evaluation of the losses sustained.
Economic, non-economic, and punitive damages will all be discussed as we break them down. Both economic and non-economic losses will be assessed, and we’ll go through the components that go into each. So, continue reading before you look for an auto accident attorney Long Island.
Understanding the Types of Damages in Personal Injury Claims
Damages are the monetary losses claimed by the plaintiff in a personal injury lawsuit. Accurately determining the compensation required requires an understanding of the many forms of damages. Monetary losses are included in this category, as are costs associated with things like medical care and therapy.
Damages also consist of lost income because of time away from work or reduced earning potential because of the injury. However, it might be difficult to place a dollar amount on intangible losses.
They include physical and mental anguish, along with the inability to be with loved ones and take pleasure in life. In circumstances of gross negligence or willful misbehavior, the court may decide to levy punitive damages. However, they are unusual and are designed to discourage repeat offenses.
Factors Considered in Calculating Economic Damages
There are several considerations that go into calculating monetary losses in tort cases. The first consideration is the whole cost of medical care, which includes not just unexpected medical attention but also hospitalization, surgical procedures, prescription drugs, physical therapy, and other continuing treatments.
When calculating compensation for an injury, it’s important to include in both immediate and future medical costs. Economic damages include not just medical expenses but also lost earnings. Assessing lost wages and long-term effects of an injury on a worker’s ability to make a living is part of this process.
Damage to property, such as that sustained in a car crash or the loss of a treasured possession, must also be considered. The cost of recovery-related expenses like employing a housekeeper or taxi service may also be included in.
Assessing Non-Economic Damages in Personal Injury Claims
Non-economic losses are more of a subjective difficulty in personal injury lawsuits, as opposed to the more objective economic damages. The mental and physical suffering an injured person experiences are included in these monetary losses.
Non-economic damages center on the victim’s pain and suffering, which includes both the immediate and long-term effects of the harm. Assessing the intensity and length of the suffering is essential for assigning a monetary value.
Non-economic losses might also include compensation for emotional discomfort such as worry, despair, terror, or lack of sleep. The injury’s effect on the victim’s social life, sense of well-being, and capacity to engage in past hobbies and pastimes must be considered.
Non-economic losses are an important part of personal injury lawsuits and an auto accident attorney Long Island, but they are difficult to quantify. Lawyers that specialize in personal injury law use on their knowledge of the law and previous cases to argue for their clients’ rightful recompense.
Special Considerations in Calculating Damages
There are certain factors to consider when determining compensation for injuries sustained in an accident. To what degree the wounded party may have contributed to the accident, or their own injuries is one example of comparative negligence.
If the injured person is found to be somewhat at fault, compensation may be decreased in such areas. As a result, understanding comparative negligence and how it might affect your final payout is essential.
It is also important to consider how long the injuries have persisted and how severely they have been damaged. The severity of an injury and the length of time it will take to recover will both factor into how much money will be awarded for damages.
Conclusion
Damages in personal injury cases may be difficult to calculate without first having a solid grasp on the specifics of the incident. Damages may be more precisely determined after considering the aforementioned considerations.
For help navigating these complexities and obtaining the compensation plaintiffs are entitled to for their injuries, it is wise to consult with a personal injury attorney.
