Assessing Damages in Personal Injury cases

September 15, 2023

Suffering a personal injury due to the negligence or wrongdoing of another party can have a significant impact on physical, emotional, and financial well-being. Assessing damages in a personal injury case is a crucial step in seeking fair compensation for the losses incurred.

It is important to assess each category of injury to calculate loss in a personal injury case.

Economic Damages: To assess economic damages, it is essential to gather and document all relevant financial records and supporting evidence. Key factors to consider include: Medical Expenses: Compile all medical bills, hospital records, medication costs, therapy expenses, and any other related expenditures. Lost Wages: Calculate the income lost due to the injury, including wages, bonuses, benefits, and potential future earning capacity. Property Damage: If the incident caused damage to personal property, assess the cost of repairs or replacement.

Non-Economic Damages: Unlike economic damages, non-economic damages are more subjective and challenging to quantify. Here are some considerations: Pain and Suffering: Evaluate the physical and emotional pain endured as a result of the injury, including the duration and severity of the suffering. Emotional Distress: Assess the psychological impact, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues caused by the incident. Loss of Consortium: If the injury affects the victim’s relationship with their spouse or family, evaluate the impact on companionship, support, and intimacy. Loss of Enjoyment of Life: Consider the limitations or restrictions on the injured person’s ability to engage in activities they previously enjoyed.

Punitive Damages: Punitive damages are awarded in exceptional cases where the defendant’s behavior was willful, malicious, or grossly negligent. However, they are not available in all jurisdictions and require a higher burden of proof.

Proving Damages: To establish the extent of damages, it is crucial to gather strong evidence, including: Medical Records: Medical reports, diagnostic tests, and expert opinions can help establish the extent and long-term impact of the injury. Witness Statements: Eyewitness accounts and statements from people who observed the incident or the victim’s condition before and after can strengthen the case. Expert Assessment: Experts are critical in the assessment of damages.  Here are a few that Saponaro Inc has referred to assist in establishment of damages in personal injury cases:

Vocational Rehab Expert

Life Care Planner

Neuropsychology Expert

Psychologist

Economist

Independent Medical Examiner

Assessing damages in a personal injury case is a critical aspect of seeking fair compensation for the losses incurred. By understanding the different types of damages, evaluating economic and non-economic factors, and gathering strong evidence, you can build a solid case for the damages suffered.

Saponaro, Inc. has the ability to provide you with experts in any specialty to help build up the value of your case, and make sure your client and you receive the true worth of the case.