How Are Damages Calculated in a Personal Injury Claim?

Personal injury claims can be a daunting and confusing process for those who have been injured due to someone else’s negligence. Essentially, a personal injury claim is a legal process where an individual seeks compensation for any physical, emotional, or financial harm they have suffered as a result of an accident or incident caused by someone else. This can include slip-and-fall accidents, car accidents, medical malpractice, and more.

At Hollis Law Firm, our team can help you understand the factors that go into calculating damages for a personal injury claim, such as medical expenses, lost wages, and pain and suffering. From gathering evidence to negotiating with insurance companies, we will work tirelessly to ensure that you receive the compensation you deserve. Contact us today to learn more about your rights and options in a slip-and-fall accident claim.

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Hollis Law Firm
LEGALLY REVIEWED BY:
Managing Attorney
Last updated on August 13, 2024

What Are Damages in a Personal Injury Case?

In a personal injury case, damages refer to the compensation awarded to an individual who has suffered harm due to someone else’s negligence or intentional action. This compensation is intended to cover various losses the injured party has incurred or will incur. The main types of damages recovered in personal injury claims include:

  • Medical Expenses: Costs for treatment, including hospital stays, doctor visits, physical therapy, and any future medical care related to the injury.
  • Lost Wages: Money you didn’t earn because you had to take time off work to recover. This includes both past and future lost earnings if your injuries affect your ability to work.
  • Pain and Suffering: Compensation for the physical pain and emotional distress you’ve experienced due to the accident.
  • Loss of Enjoyment: Compensation for the inability to enjoy hobbies and other activities previously enjoyed before the injury.
  • Punitive Damages: In some cases, if the negligence was particularly egregious, you might also be entitled to punitive damages, which are meant to punish the wrongdoer.

These categories of damages help to ensure that the injured party can recover financially, physically, and emotionally from their ordeal. While some damages like medical expenses and lost wages are more straightforward to calculate, others, such as pain and suffering, require a more nuanced approach.

How Are Personal Injury Damages Calculated?

Calculating damages in a personal injury claim involves a detailed assessment of your losses. To start, tangible costs like medical bills and lost wages are gathered and summed up. These are relatively straightforward as they often come with clear documentation. Next, we move to the more subjective areas, such as pain and suffering. Here, lawyers typically use their experience and industry standards to assign a monetary value to these intangible losses.

Factors such as the severity of the injury, the impact on daily life, and the duration of recovery play a significant role in this calculation. In some cases, the multiplication method is used, taking actual financial losses and multiplying them by a certain number based on the injury’s severity. Another approach is the per diem method, assigning a daily rate to pain and suffering from the accident until full recovery. Each injury is unique, so the approach to calculating damages varies, requiring a personalized assessment to ensure all aspects of your loss are covered accurately.

How Can a Lawyer Help With Calculating Damages?

Navigating the complexity of an injury claim can feel like an uphill battle, especially when it comes to calculating damages. That’s where a seasoned lawyer becomes invaluable. Here’s how they can assist:

  • Skilled Evaluation: A lawyer can provide a professional assessment of your case, ensuring all potential damages are accounted for.
  • Negotiation Skills: With their experience, lawyers are adept at negotiating with insurance companies to secure fair compensation.
  • Gathering Evidence: They can help compile all necessary documentation, from medical records to employment history, to substantiate your claim.
  • Legal Guidance: Lawyers can offer guidance on legal strategies and the best course of action, keeping your best interests in mind.

With a lawyer’s assistance, you can be confident that your claim is handled accurately and professionally, giving you peace of mind during a stressful time. Their support ensures that you focus on healing while they take care of securing the compensation you deserve.

Injured in an Accident Caused by Another Party’s Negligence? Contact Hollis Law Firm Today

If you or a loved one has been injured in a slip-and-fall accident, don’t go through the process alone. The team at Hollis Law Firm is here to provide the guidance and support you need to navigate your personal injury claim effectively. Our dedicated attorney is committed to fighting for your rights and securing the compensation you deserve.

To get started on your path to recovery, call us at (800) 701-3672 or fill out our contact form today. Let us take the burden off your shoulders so you can focus on what truly matters – your health and well-being.

Author
JASON CHAMBERS, JD
Hollis Law Firm

As the managing attorney at the Hollis Law Firm, Jason Chambers leads complex product liability and personal injury litigations, advocating for clients injured by defective drugs, medical devices, and personal injury accidents. The firm, based in Kansas City, represents victims throughout the Midwest and beyond, offering free consultations to those affected by harmful prescription drugs, defective medical devices, and personal injuries.

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800-701-3672
800-701-3672
800-701-3672
800-701-3672
800-701-3672
Hollis Law Firm
8101 College Blvd, Suite 260
Overland Park, KS 66210