How are Damages Calculated in Personal Injury Case?

How the injury occurred

How the Injury Occured

Severity of the accident itself

Severity of the accident itself

Any comparative negligence on the injured party

Any comparative negligence on the injured party

Severity of the injuries

Severity of the injuries

Reasonableness of the treatment

Reasonableness of the treatment

The cost of the medical care

The cost of the medical care

The medical prognosis

The medical prognosis

The need for any future medical care

The need for any future medical care

Lost wages

Lost wages

Lost earning capacity

Lost earning capacity

Any other out of pocket expenses

Any other out of pocket expenses

Pain & Suffering

Pain & Suffering

I’ve Been in a Car Accident.

Now What?

How the injury occurred (auto accident, defective product, negligently maintained premises, etc)

Severity of the accident itself (for example, a low impact v. substantial impact motor vehicle collision)

Any comparative negligence on the injured party

Severity of the injuries (diagnosis, etc.)

Reasonableness of the treatment (in terms of frequency, duration, etc.). This is often measured, at least in part, by how much the treatment helped resolve or improve the symptomatic complaints

The cost of the medical care

The medical prognosis (did the injured party have a full recovery, do they have ongoing residual complaints, will they need future care, will their residuals likely worsen over time, etc.)

The need for any future medical care (how probable, the probable future care needed, the estimated costs, etc.)

Lost wages (time missed from work because of one’s injuries or medical appointments)

Lost earning capacity (if can no longer perform the type of work done before their injury)

Any other out of pocket expenses (medication, ice, heat, machines, equipment, mileage, etc)

Pain & Suffering (all the aggravation caused by the injuries). In other words, the adverse impact the injuries had on one’s life (during treatment and/or from any residuals