Calculating Damages in Personal Injury Claims: What You Need to Know

When you or a loved one sustains an injury due to someone else’s negligence, it can be overwhelming to navigate the process of filing a personal injury claim. One of the most important aspects of your claim is calculating damages, or the financial compensation you may be entitled to for your losses. Understanding how to calculate damages can help you prepare for your case and ensure you receive fair compensation.

In this post, we’ll explore what you need to know about calculating damages in personal injury claims.

Types of Damages

There are several types of damages that you may be able to recover in your personal injury case. Economic damages are tangible losses that can be easily quantified, such as medical expenses, lost wages, future earning potential, and property damage. Non-economic damages, on the other hand, are more subjective and include pain and suffering, emotional distress, and loss of enjoyment of life. Depending on the circumstances of your case, you may be entitled to one or both types of damages.

Medical Expenses

One of the most significant factors in calculating damages in a personal injury claim is medical expenses. This includes any medical treatment you’ve undergone, including emergency room visits, hospital stays, and ongoing care such as physical therapy and medication. It’s important to keep a record of all your medical expenses, including dates, procedures, and costs.

Lost Wages

Another crucial factor in calculating damages is lost wages. If your injuries have forced you to take time off work, you’ll need to keep track of the specific dates and the amount of income lost. If you’re unable to return to work or your injuries have impacted your future earning potential, these factors will also be considered.

Pain and Suffering

Pain and suffering refer to the physical and emotional distress caused by your injuries. This includes any ongoing pain, discomfort, anxiety, or depression that you’ve experienced as a result of the accident. In Illinois, pain and suffering damages are typically calculated as a multiple of the total medical expenses incurred.

Property Damage

If your personal property was damaged in the accident, such as a vehicle, the cost of repair or replacement will also be considered in your damages. This includes any rental car expenses you may have incurred.

Punitive Damages

In some cases, punitive damages may also be awarded in a personal injury claim. Punitive damages are meant to punish the at-fault party for their negligence or intentional misconduct.

Determining the Value of Damages

To determine the value of your damages, your attorney will investigate the extent and impact of your injuries. This may involve gathering medical records, consulting with medical experts, and conducting interviews with you, witnesses, and family members. The value of economic damages is relatively straightforward, as they are generally based on actual expenses and losses. Non-economic damages, however, can be more difficult to quantify, as they are based on subjective experiences and can vary widely from case to case.

Factors that Affect Damages

There are several factors that can affect the value of damages in a personal injury case. The severity and extent of your injuries, duration of recovery, and impact on your daily life are all factors that can impact the value of your claim. Additionally, the negligence and fault of the party responsible for your injuries can be a significant factor, as well as your own level of contribution to the accident or injury. Attorney experience, evidence, and jurisdictional factors can also play a role in determining damages.

Mitigating Damages

In some cases, the party responsible for your injuries may argue that you did not take reasonable steps to mitigate your damages. This means that you did not seek appropriate medical treatment, did not follow prescribed treatment plans, or failed to take steps to mitigate your losses. Mitigating damages is an important aspect of a personal injury claim, as it can help ensure that you receive fair and reasonable compensation for your losses.

Working with an Experienced Personal Injury Attorney

Calculating damages in a personal injury claim can be complex and requires a thorough understanding of the legal system and how to navigate it. Working with an experienced personal injury attorney can help ensure that you receive the compensation you deserve for your losses. An attorney can conduct a comprehensive investigation, determine the value of your damages, and work to negotiate a favorable settlement on your behalf. When choosing an attorney, look for a firm with experience handling cases similar to yours, a proven track record of success, and a commitment to client service.

Downers Grove IL Personal Injury Attorney

Calculating damages in a personal injury claim can be complicated, and it’s important to work with an experienced personal injury attorney who can guide you through the process. At the Law Offices of Gregory J. Abbott, we’re committed to helping our clients get the compensation they deserve for their injuries. Contact us today to schedule a free consultation and learn more about how we can help you with your personal injury claim. Reach out today by calling us at 630-963-7938.