3 Crucial Categories for Personal Injury Damages

Assessment of Personal Injury Damages

The facts of every automobile accident are unique.  As a result, each personal injury case is different, as well.  It is difficult to estimate how much a case will be worth, especially at the beginning.  There is no precise formula for assessing personal injury damages, but there are a few key categories that affect the value of nearly every case.  We explore three such categories below.

The Severity and Prognoses of Injuries

The seriousness of the injuries suffered by the plaintiff will have perhaps the most significant impact on the value of the case.  The severity of the injuries will affect the total of the medical expenses – both past and future – as well as how much work you will miss, or whether you can return to work at all.  The economic damages that will be impacted by the severity of your injuries include:

• Lost income
• Loss of future income
• Household replacement services
• Medical expenses, to include hospitalizations. diagnostic imaging, medications, home health care, physical therapy, acupuncture, chiropractic, and assistive devices such as walkers

Non-economic damages are also influenced by the severity of the injuries.  Non-economic, or general damages, include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium for your spouse.

An experienced legal team will use several types of evidence to prove the severity of the injuries and the extent of the resultant damages.  Some examples of the evidence that may be used:

• Diagnostic imaging
• Hospital charts
• Medical records
• Reports from medical specialists
• Case studies
• Journal entries

Facts Surrounding the Incident

The majority of personal injury cases result from unexpected accidents.  In those cases, the only damages that are recoverable are known as compensatory – meaning they are meant to compensate the injured person for economic and non-economic losses.  If, however, the responsible party intentionally caused harm to the plaintiff, or exhibited negligence proven to be outrageously egregious, the injured party may also be entitled to punitive damages.

Punitive damages are meant to punish the defendant.  In California, the defendant’s conduct must constitute malice, oppression, or fraud.  If a defendant is convicted of drunk driving, the option to ask for punitive damages exists.  The plaintiff bears the burden of proof, and strong evidence of intentional misconduct is required.  Punitive damages are not available if the claim is against a government entity.

The Claimant’s Role in the Incident

The injured party’s role in the incident could potentially result in a reduction of monetary damages.  If the plaintiff’s actions contributed to the occurrence of the incident, the total amount of monetary damages awarded may be reduced in proportion to the plaintiff’s fault.  California has a comparative fault rule under which the plaintiff’s negligence will offset the financial responsibility of the defendant.

In such a scenario, if you were found to be 25% at fault for the accident, and incurred $100,000.00 in damages, the recovery would be reduced by 25% to $75,000.00.

Helping Your Attorney Assess Damages

Some of the ways in which you can help your lawyer ensure that all of your damages are accounted for include:

• Taking photographs or videos at the accident scene
• Saving and organizing bills, receipts, and invoices that relate to expenses incurred as a result of the incident
• Tracking and documenting the days you miss from work
• Keeping track of all your medical appointments
• Making notes documenting how the injuries affect your activities of daily living
• Making notes of how your condition(s) affect your family

Choosing the right personal injury attorney is important to ensure that damages are recovered.  Here is a YouTube video discussing how to make the right choice.