Factors That Affect Damages in Personal Injury Cases
“How much money should I expect in my injury case?”
This is a common question from clients who seek our guidance in a case of personal injury compensation. These cases are often the sole method for recovering the damages suffered in an accident. Personal injury cases seek justice, and in cases like these, the accepted method of recovery is financial, for everything from medical bills to lost time at work.
This pursuit of monetary recovery can be complex and dependent on a variety of factors. The personal injury attorneys at The Gutierrez Law Firm have prepared a list of criteria that affect damages in personal injury cases.
What are Damages?
Damages are the monetary cost of your accident. The accident could take place on the road, at work, or at home – the location of the accident is secondary in the calculation of your personal injury compensation. Some types of damages, like medical bills, can be added based on billed work. Medical damages would include the entire scope of your treatment, from your initial hospital and doctor visits all the way through long-term rehabilitation and pain management.
Lost wages from missed work can be a little more complicated. Lost time on the job can be calculated, but what about a loss of future earning potential? In the context of lost opportunity, our injury attorneys understand how to help guide juries in claims of lost earnings due to injury.
Pain and Suffering
Payouts for pain and suffering fall under non-economic damages. These are payments based on physical or emotional pain, the extent of the injury, and the circumstances of the injury. Other factors that may be considered:
- Scarring or disfigurement
- Permanence of an injury
- Physical impairment like blindness
- Wrongful death
Pain and suffering is the most difficult type of damage to calculate. Some legal websites offer a plug-and-play matrix to estimate pain and suffering. In cases of personal injury compensation, The Gutierrez Law Firm prepares each case on an individual basis. This approach helps us more accurately calculate pain and suffering damages for each individual client we work with.
When determining personal injury compensation, The Gutierrez Law Firm also looks at these factors:
- Extent of medical treatment
- Invasiveness of treatment
- Magnitude of medical rehabilitation
- Long-term pain management needs
- Amount and duration of suffering
- Impact of injuries on life
- Vitality before and after accident
- Extent of negligent choices made by the person who injured you
Personal injury cases often involve a lengthy process. Some cases can take more than a year to complete. These cases run high on emotion, making clarity and peace difficult to find. The personal injury attorneys at The Gutierrez Law Firm can be your guide through this difficult time and help you get the maximum compensation that you’re entitled to.