Evaluating Damages in Personal Injury Claims: a Delicate Balance

A harmonious balance is vital for the progression and stability of a society. The legal system plays a pivotal role in preserving this balance by establishing standards and rectifying deviations. This is especially evident in personal injury law. When someone’s negligence leads to your harm, you have a legal right to compensation; however, pinpointing the exact compensation value is often more complex than it appears. The personal injury attorneys at Doroshow Pasquale Krawitz and Bhaya have a good idea of how to deal with such matters and are adept at evaluating damages in personal injury claims.

This complexity arises because not all injuries are tangible or easily measurable. Pain, emotional trauma, and mental distress, for instance, don’t have a fixed price tag. In this piece, we will explore the five key factors used to evaluate damages in personal injury cases and highlight the invaluable role of a personal injury attorney.

The Type and Severity of the Injury

The first and arguably most important factor that goes into evaluating the damages awarded in a personal injury lawsuit is the type and severity of the injury suffered. Most accidents, such as auto crashes, workplace injuries, medical malpractice, and slip and fall, may cause severe injuries such as broken limbs, brain trauma, and spinal and neck injuries.

The severity of your injuries will go directly into determining the amount of damages you should receive. Additionally, the consequences of the injuries will influence the amount of compensation. This may include pain and suffering, reduced earning capacity, and more.

Medical Bills and Records

A general rule of thumb is to keep a detailed record of all medical expenses pertaining to the accident. Why? The law dictates that you be compensated for these injuries, but you must have proof of actually spending money on medical bills.

Therefore, you should keep records of doctor’s appointments, prescriptions, receipts, and anything else related to your treatment. The larger the medical bill, the larger the award. Often, procedures like surgeries or reconstructions will attract huge medical bills for which you should be compensated.

Emotional and Mental Suffering

The scope of damage in most personal injury cases extends beyond physical injuries to mental and emotional anguish. Victims may suffer fright, anxiety, depression, and grief because of the accident, all of which they should be compensated for.

However, calculating the worth of compensation for such damages is a complicated affair. Therefore, you need the services of a personal injury attorney by your side, as they can help quantify the amount of damages you should receive and protect you from under-compensation.

Share of Fault

Different states have differing rules involving shared responsibility or liability in an accident. There are some states that have “contributory negligence” laws that prohibit an injured party from any recovery if they are deemed to be even somewhat at fault for the collision.

Some states have a comparative negligence system in which the injured party must be less than 50% at fault to recover. Other states, such as Delaware, utilize comparative negligence, in which recovery is permitted so long as the injured party's negligence is determined to have been no more than 50% of the cause of the collision or accident.

Insurance Policy Limitations

If you are harmed due to another’s negligence, whether in a car crash, medical malpractice, or a workplace incident, the at-fault party’s liability insurance is tasked with addressing your economic and non-economic damages. However, most insurance providers set caps on the amounts they dispense to victims.

It’s vital to realize that insurance firms often aim to minimize compensation to boost their profits. This underhanded tactic underscores the importance of a personal injury attorney who can negotiate fiercely on your behalf, ensuring you’re not shortchanged.

Conclusion

Always remember the importance of enlisting a personal injury attorney tailored to your specific incident, be it a car accident or medical malpractice.

These professionals, with their vast experience in cases like yours, can skillfully dissect the nuances of your situation to ascertain the rightful compensation you deserve. More importantly, they will stand in your corner, battling insurance firms to shield you from receiving less than you’re owed.