How Damages are Assessed in a Personal Injury Case

Common Damages in a Personal Injury Accident

When you become the victim of a personal injury accident, you deserve to be compensated for damages and hardships that accumulate after an accident. Some of the most common damages to receive compensation for after an accident include: 

Medical Expenses 

When you become injured as a result of another’s negligence, you deserve to have your medical expenses paid for. The amount of compensation that you can receive for medical expenses will be determined once your treatment is complete. 

It will be up to your attorney to obtain your medical records and the corresponding bills associated with your treatment. Your attorney will present these to the other party’s insurance company during the settlement process.

Keep in mind that it is crucial to your case to seek immediate medical treatment after your accident occurs, and follow all of the doctor’s orders throughout the treatment process. Waiting too long to seek treatment, or ignoring the doctor’s treatment plan could result in a lower settlement or the denial of your claim altogether. 

Property Damage 

In some types of personal injury accidents such as a car accident or motorcycle accident, the victim’s property will become seriously damaged. If this occurs, full compensation for the damaged property will be requested. Damaged vehicles and motorcycles will be evaluated by a professional to determine the extent of the damage. In some cases, the damages exceed the amount that the vehicle is worth, and in this case, you would be offered the blue book value of the totaled vehicle. 

Lost Wages 

In the event that the accident prevents you from being able to return to work because of the injuries that you suffered, your attorney will need detailed information from your place of work to determine the amount that you should receive for missed time at work. 

The key to determining this amount has to do with the documentation provided by the employer. They will need to submit records of your average working hours per week along with the amount that you receive, and the time that you missed due to your injuries. 

Your attorney will be able to add this amount in the demand letter to the insurance company stating that you were at a loss of income because of the injuries that you suffered as a result of another’s reckless actions.

Pain and Suffering 

Depending on the severity of the injuries and damages that were suffered in your accident, you may be entitled to receive compensation for pain and suffering. 

If you want to receive compensation for pain and suffering you will need to hire an attorney for help. Trying to ask for additional money in a PI claim without legal representation will almost always result in a loss. 

Determining whether or not you can receive compensation for pain and suffering will have a lot to do with the extent of your injuries and loss of quality of life. 

You will need to be examined by a medical professional and have ongoing medical treatment before your attorney can even determine the amount they will ask for during the settlement process. 

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