How Much Is Your Injury Case Worth?
If you have been injured because of the negligence of some other person or party, you will rightfully want to seek compensation for your suffering. It is important to remember, however, that no two injury cases are exactly the same and therefore, the amount to be recovered will vary from case to case. In recovering damages for an injury, the existence and the extent of those damages must first be established. The amount of the damages greatly varies depending on the parties, the jurisdiction of the case, and the claims that are involved.
The Determining Factors for Personal Injury Compensation
There are so many factors that play a part in influencing how much an injury case is worth, making this a very complicated topic. Items that can influence a case award include:
- Age and education level of the injured party
- Medical expenses
- Jurisdiction limits on damages
- Strength of the case
- Severity of the injuries
- The reprehensibility of the conduct that gave rise to the case
- Emotional distress
- Insurance or lack of insurance
- Good faith efforts in mitigating damages
- Injured party’s work experience
- Past and future loss of income
- Location of the accident
- Amount of fault
- Future problems from the injury
- What the parties are worth in wealth
- Testimony of witnesses
- Subjective items such as the sympathy of the jury, how the injured person appears, how likeable the injured person is, perceptions of the jury, and the jury makeup.
Types of Damages Recoverable for Personal Injury
Compensatory Damages are intended to compensate (from a monetary standpoint) the injured plaintiff for losses that result from an accident or injury. While damages such as medical bills and property losses can be relatively easy to quantify with a dollar amount, other consequences can be more complicated. When the injured party suffers from a life-altering injury, the inability to work or the psychological trauma caused by the injury is much more difficult to valuate. An experienced personal injury attorney can help review these cases and evaluate losses so that fair compensation may be recovered. Compensatory damages for a personal injury case will include medical treatment, loss of income and property damages. It can also include recovery for pain and suffering, emotional distress, loss of enjoyment, and loss of consortium.
Punitive Damages, also known as “exemplary damages”, are those that serve the purpose of punishing and deterring in order to get punitive damages. The plaintiff needs to prove the defendant displayed conduct in a malicious and outrageous manner. Punitive damages are discretionary, meaning the award is determined by a jury that is instructed to consider the gravity of the act and the need to deter similar behavior. For instance, a prison inmate that was injured by another inmate who got out of his cell filed a civil action. The court gave nominal damages to the injured inmate but gave exemplary damages against the state’s correctional department because the injured inmate had shown that prison officers knew that the cell doors were not secure and could be opened from the inside.
Statutory Damages are specifically provided for by statute. Each party usually pays his own attorney fees, but some statutes authorize recovery of attorney fees or other costs by the prevailing party.
Determining the value of an injury case is extremely complicated and no two cases are exactly the same. If you have been injured in an accident, don’t assume anything.
Let the Lieser Law Firm help you get the compensation you deserve.
CONTACT us today for a FREE consultation.