Your attorney will consider various factors when determining the amount of compensation you’re entitled to in your personal injury case. One of the most important factors to understand is the damages sustained as a result of your injury. Some of the damages you could recover include lost income, medical expenses, property damage (if applicable), pain & suffering, and more.
During your initial consultation with one of our attorneys, you will discuss the unique circumstances of your case so they can determine your potential damages and estimate how much your personal injury case is worth. They will analyze medical documents, police reports, pay records, testimonies, and more to provide an accurate estimate of the damages (general and special) you’re entitled to recover.
How Are General Damages, or Non-Economic Damages, Calculated?
Calculating non-economic damages in a personal injury case is subjective and requires the help of a seasoned attorney. These losses are intangible and are the kind that you may have to deal with for a long time after your case is resolved. General damages, like PTSD or permanent loss of feeling to an injured body part, are more complex to quantify, but their immense impact on quality of life requires having methods of determining their value.
There are two primary methods to calculate non-economic damages:
- Multiplier Method – This is the most common method, and it involves designating a number to represent the severity of your injuries and the impact they have on your well-being. That number (often between 1.5 and 5) is multiplied by your total economic damages to equal your compensation.
- Per Diem Method – For this method, a dollar amount is placed on your pain and suffering and then multiplied by the number of days, past and future, that your quality of life was, and will be, affected by your injury.
Because of these subjective methods, the amount of compensation awarded for general damages across cases is inconsistent. This is part of the reason why state laws vary regarding the caps placed on how much can be awarded.
How Are Special Damages, or Economic Damages, Calculated?
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.
RESULTS THAT MATTER
We’ll Help You Calculate and Recover the Damages You’re Entitled To
If you want the best chance of securing maximum compensation for your injuries, you should consult an experienced personal injury attorney as soon as possible. Since 1953, Ashcraft & Gerel has helped personal injury victims recover substantial damages for their pain & suffering. Our attorneys will help you gather all the relevant evidence for your case, communicate with all parties involved, and be your devoted advocates in your pursuit of justice.
We want to help you seek the compensation you deserve so that you can stress less as you continue on your road to recovery. If you’ve been injured due to someone else’s negligence, contact us as soon as you can to get a free case review.