Cost of Injury Damages
Locate a Local Personal Injury Lawyer
What Does “Cost of Injury Damages” Refer To?
In a personal injury case, the victim’s injuries are usually compensated for through a monetary damages award. During litigation, one of the main tasks of the court is to determine how much money the defendant actually owes the victim. The court will usually conduct an in-depth analysis to determine how much the injuries cost the victim in dollar amounts.
This is important to note, because a lawsuit usually can’t be filed in court if the plaintiff is unable to state an estimated dollar amount for the cost of injury damages. For instance, many injury lawsuits are rejected if the person is only filing of “psychological” damages that can’t be verified in numbers. That is, the damages need to be calculable to a “reasonable degree of certainty” if the lawsuit is to proceed.
How are Injury Damages Calculated?
Injury damages are usually calculated according to various factors. The main damages issued are called compensatory damages, which serve to compensate for the main expenditures brought on by the injury. These are calculated according to factors such as:
- The overall extent of the injuries
- Losses and expenses according to hospital bills and medical receipts
- Costs of medications
- Costs of rehabilitation or therapy
- Whether the plaintiff had any pre-existing injuries that were made worse by the current injury
- Whether the plaintiff has insurance coverage, and the extent of such coverage
- Specific state laws that may regulate or limit damages awards (some states have particularly strict laws when it comes to damages)
In some cases, a special damages award may be issued for certain types of losses (for instance, losses that are hard to calculate, or for hard-to-replace items). However, the main aspect of most injury damages award is the compensatory damages portion.
What if There is a Dispute Over the Cost of Injury Damages?
Personal injury cases are unique in that the damages are calculated in relation to the injury, and not according to the loss of property or money. This can make it difficult to come up with an exact figure for the damages award. In the event of a dispute over the cost of injury damages, additional measures may be needed, such as the hiring of an expert witness to help verify the extent of an injury. Another advanced legal method is the utilization of “accident reconstruction”, which uses computer technology to simulate an accident. This may help with the calculation of the damages award.
Should I Hire a Lawyer for Help With the Cost of Injury Damages?
Injury damages awards will be different in each case, as no two lawsuits are exactly the same. You may need to hire a lawyer in your area if you need assistance with a personal injury lawsuit. Your attorney can provide you with much-needed legal advice and guidance to help you succeed on your claim. Also, your lawyer will be able to advise you regarding the specific details when it comes to damages awards.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-27-2015 05:09 PM PDT
Link to this page