When you have been injured in a car accident, you may wonder how much compensation you can receive from the insurance company of the person at fault. You know you'll probably receive money to pay for any out-of-pocket medical care you needed to seek due to your injuries, and you may be able to receive compensation for any wages that you've lost because you have not been able to work. But you may also be able to collect compensation based on the overall "value" of your injury. This article will give you some idea as to how the value of injuries in personal injury lawsuits are determined and calculated.
Lost wages and medical bills are two examples of compensatory damages. The payment for compensatory damages is meant to make the victim "whole" from a financial standpoint. They are easy to calculate and are almost like a reimbursement for property damage to your car, and the physical damages you have sustained because of the accident.
But other compensatory damages that are difficult to put a value on are pain and suffering, meaning you can get compensation for the discomfort you suffered as a result of the accident, and for any ongoing pain; emotional distress, which compensates you for the emotional suffering you endured because of the accident; loss of enjoyment, which is your loss of being able to participate in hobbies, recreational activities and exercise; loss of consortium, which is the loss of a physical relationship with your spouse. It is very difficult to place a face value on these damages.
When an insurance company or court is trying to determine value on compensatory damages that don't have a dollar sign attached to them, they take many different factors into consideration. For example, a loss of consortium is calculated by looking at the couple's individual life expectancy, determining how stable the marriage was, and how much care is needed for the injured spouse. A loss of enjoyment is more difficult to calculate, so some states treat the damage is a form of pain and suffering, while others treat it as a distinct kind of damage.
Other Damages Considered
When calculating damages to be awarded in a personal injury case, some cases will take into effect any future medical bills you may have for continued care of your injuries. Your medical doctor will need to prevent information on how much care may be needed and an estimated cost of what that care will be.
If you are considering a personal injury lawsuit, contact a personal injury lawyer from a firm like Sarkisian, Sarkisian & Associates PC to discuss the particulars of your case.Share