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How Personal Injury Lawyers Calculate Damages In Your Case

If you’ve been injured due to someone else’s negligence, one of the most important aspects of your personal injury claim is determining the amount of compensation you deserve. Personal injury lawyers play a crucial role in calculating these damages to ensure you receive fair compensation. Understanding the process they use can help you grasp the potential value of your case.

Types Of Damages

Personal injury damages are typically divided into two categories: economic and non-economic damages. Each category encompasses different types of losses that you may incur as a result of the injury.

Economic Damages: These are tangible, quantifiable losses that can be calculated based on actual expenses and financial losses. They include:

  • Medical Expenses: This covers all medical costs related to your injury, such as hospital bills, surgery costs, rehabilitation, prescription medications, and any future medical care that may be necessary.
  • Lost Wages: If your injury prevents you from working, you can claim compensation for the income you’ve lost. This also includes future lost earnings if your ability to work is impaired long-term.
  • Property Damage: If any of your personal property was damaged in the incident, such as your vehicle in a car accident, the cost of repairs or replacement is included.
  • Out-of-Pocket Expenses: These are miscellaneous expenses directly related to your injury, such as transportation costs to medical appointments or the cost of hiring help for household tasks you can no longer perform.

Non-Economic Damages: These are more subjective and cover the intangible impact of the injury. They include:

  • Pain and Suffering: Compensation for the physical pain and discomfort you’ve endured as a result of the injury.
  • Emotional Distress: This covers psychological impact, such as anxiety, depression, and trauma resulting from the incident.
  • Loss of Enjoyment of Life: If your injury has reduced your ability to enjoy activities and hobbies you once loved, you can claim compensation for this loss.

Methods For Calculating Damages

Medical Bills and Records: The foundation of calculating economic damages lies in your medical records and bills. Personal injury lawyers meticulously review these documents to tally the costs already incurred and estimate future medical expenses.

Income Documentation: Pay stubs, tax returns, and employer statements are used to calculate lost wages. If the injury impacts future earning capacity, vocational experts may be consulted to project long-term income loss.

Pain and Suffering Calculation: Calculating non-economic damages like pain and suffering is more complex. Lawyers often use one of two methods:

  • Multiplier Method: This involves multiplying your total economic damages by a certain number (usually between 1.5 and 5) based on the severity of your injury and its impact on your life.
  • Per Diem Method: This assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you’ve been affected since the injury.

Expert Testimony

In many cases, personal injury lawyers from Law Firm of Edward Blinder, PLLC enlist the help of medical experts, economists, and vocational specialists to provide testimony on the extent of your injuries and their impact on your future. These experts can offer credible, detailed assessments that bolster your claim for higher compensation.

Conclusion

Calculating damages in a personal injury case is a meticulous and multifaceted process. Personal injury lawyers utilize various methods and expert testimonies to ensure that all aspects of your losses, both economic and non-economic, are thoroughly accounted for. Understanding these processes can help you feel more informed and confident as you pursue the compensation you deserve.