How are Damages Calculated in Personal Injury Cases​?

Just like navigating a treacherous road, personal injury cases can be complex and filled with uncertainty. While understanding the intricacies of the legal process can empower you to move forward, the concept of damages in these cases can be particularly confusing. 

What are Personal Injury Damages?

Personal Injury Damages are the financial compensation awarded to an injured person by a court or through a settlement to compensate them for the harm caused by the negligence or wrongdoing of another party. These damages aim to make the injured person whole again, financially speaking.

Types of Personal Injury Damages

Personal injury damages can be categorized into two main types:

Economic Damages: These are quantifiable financial losses with clear bills and receipts, such as:

• Medical Expenses: Past and future medical bills (doctor visits, surgeries, hospitalization, medications, rehabilitation).
• Lost Wages: Current and future earnings lost due to the injury.
• Property Damage: Damage to vehicles or personal property.

Non-Economic Damages: These are more subjective and difficult to quantify, such as:

• Pain and Suffering: Physical and emotional pain and discomfort caused by the injury.
• Loss of Consortium: Loss of companionship, intimacy, and household services for married couples.
• Disfigurement: Physical scarring or disfigurement.
• Loss of Enjoyment of Life: Inability to participate in hobbies and activities, and enjoy life as before the injury.

How Are Personal Injury Damages Calculated?

Calculating personal injury damages is not an exact science and can vary depending on the specific circumstances of your case. However, several factors are generally considered:

• Severity of the Injury: The more severe and long-lasting the injury, the higher the potential damages one may be awarded.
• Medical Treatment: The extent and cost of past, current, and future medical treatment significantly impact damages.
• Lost Wages and Earning Capacity: Lost wages due to the injury and any potential future loss of earning capacity are considered.
• Pain and Suffering: The intensity and duration of pain, emotional distress, and the impact on the injured person’s quality of life are evaluated.
• Evidence: Strong evidence, such as medical records, wage statements, and expert opinions, is crucial for supporting damage claims.

Calculating damages in personal injury cases often involves careful analysis of medical records, financial documents, and expert testimony. An experienced personal injury attorney can help gather evidence, determine the full extent of your damages, and negotiate a fair settlement that reflects your losses.

Contact Eisenberg Law Offices for a Free Consultation

If you have been injured due to someone else’s negligence, contact Eisenberg Law Offices today. Our experienced personal injury attorneys can help you understand your legal rights, navigate the complexities of your case, and fight for the compensation you deserve. Schedule a free and confidential consultation by calling (608) 256-8356 or emailing [email protected].