For the most part, the goal of a personal injury claim for damages is to ensure that victims of car accidents, truck accidents and motorcycle accidents are adequately compensated for the harm they have suffered. Victims injured in an accident may wonder, however, how damages are calculated and determined. In general, damages must be both reasonable and certain, and determined with some specificity, as they are intended to compensate victims for the amount of suffering they have actually suffered.
There are a number of different types of personal injury damages and some may seem more straightforward to calculate than others. There are methods of calculating the variety of different types of damages car accident victims may suffer, including pain and suffering damages. To calculate pain and suffering damages, for instance, the nature of the injury, the severity of the injury, the certainty of future pain and how likely the victim is to be in pain are all considered. Additional damages of a somewhat similar nature, such as loss of enjoyment of life, mental anguish and loss of consortium, may also be available depending on the circumstances and methods to calculate each are also available.
In addition, car accident victims may be able to receive compensation for medical expenses and future medical care costs associated with the car accident. To calculate future medical care costs, the medical opinion of a treating physician can be utilized. Experts can also be utilized to calculate damages such as lost-earning capacity. For damages including medical expenses and lost wages, it is important for victims to keep careful and accurate records to help calculate damages. Victims may also suffer disabling injuries and damages for disability can also be calculated as well.
There are a variety of different types of personal injury damages, including wrongful death damages, that may be available to victims and their families to account for their suffering. Damages are based on the unique circumstances and situation of each victim and their family, and are calculated with the intention of compensating victims for the harm they have suffered.
Source: Injury.findlaw.com, “Economic Recovery for Accidents and Injuries,” Accessed April 25, 2016