How Are Damages Calculated In Personal Injury Cases?

Compared to general damages, special damages are much easier to calculate. Special, or economic, damages are the measurable monetary losses you sustained and will continue to sustain due to your personal injury. They include “hard costs” like medical bills and lost wages for which you will likely have documentation.
 
Your hard costs are added together to give you the basis of the compensation you’re entitled to. Though they are easy to calculate, you will need clear and specific documentation to prove the economic losses you suffered and calculate your future losses. Calculating future losses can be complex, so your personal injury attorney may seek the testimony of an expert on your behalf.

What Other Factors Affect The Value Of Your Personal Injury Claim?

As you can see, calculating damages in personal injury cases can be complex because of the many concrete and subjective factors that have to be accounted for. Here are a few major factors to consider:

Severity Of Injuries

Cases that have substantial value often involve more severe injuries. Minor injuries such as whiplash won’t receive as much compensation as an injury that requires multiple medical procedures and evaluations. More severe injuries have higher medical costs, a more significant impact on your ability to work, and more influence over your emotional well-being after your accident. To be adequately compensated for your injuries, detailed medical records and bills will need to be provided.

Liability

Determining who is liable for your accident will affect how much insurance companies are willing to pay to settle your case. For example, your injuries could be worth $10,000, but you most likely will not be awarded that full sum if you are found to be partially responsible for your accident. If the at-fault party is 100% responsible for your accident, then you are likely entitled to the entire worth of your injuries. However, there are two doctrines that can impact what you are entitled to if you are to be found partially at fault for your accident:

• Contributory Negligence Doctrine | This states that if you are found to be responsible for your accident to any extent – even 1% – you could be barred from receiving compensation for your injuries. Maryland, Virginia, and Washington D.C., all follow the doctrine of contributory negligence.
   
• Comparative Negligence Doctrine | This doctrine is less strict than contributory negligence in that even if you are found to be at fault for your accident you could still be entitled to compensation. However, the amount you’re entitled to will be reduced based on the percentage of fault you share with the other party.

Strength of Evidence

How well you can prove the amount of your general and special damages and their impact on your ability to live comfortably will affect how much compensation you are entitled to. Strong evidence adds credibility to your claim and can expedite the recovery of your damages. A resourceful and experienced personal injury attorney will strengthen the evidence of your claim by conducting investigations, interviewing witnesses, obtaining records, collaborating with experts, and more.

Insurance Coverage

Even if you are entitled to a large sum, there are limits to how much insurance companies will compensate you based on the limits of the policy the at-fault party holds. Your claim could be worth $50,000, but if the at-fault party’s insurance policy has a limit of $30,000, you will only be able to receive $30,000 from their insurance company. In some instances, your insurance policy could compensate you for a portion of your damages. An attorney will advise you on pursuing a lawsuit if your damages are worth more than insurance limits.