What Damages are Collectable in a Personal Injury Case
In a bodily Injury or wrongful death lawsuit, there are basically three major hurdles that need to be overcome to keep you in court until you can have the judge or jury decide your case. Those same hurdles exist in trying to get your case settled before it ever gets to court. If the insurance claims adjustor for the at-fault party can be convinced you will likely overcome those hurdles in court, settlement can often be achieved before a lawsuit is ever filed.
So what are those hurdles? The law requires you, the injured party, to plead and prove facts establishing the following legal elements.
1. Liability.
2. Causation.
3. Damages.
Liability and causation are addressed under their own sections. Here, we discuss the monetary damages available to you in a bodily injury case.
PERSONAL INJURY DAMAGES:
While we would very much like to be able to waive a magic wand and return you to your pre-injury physical and mental condition, we lack that power. What we have the power to do is convert your physical injuries to the amount of money that will compensate you for having suffered those injuries, and, if applicable, compensation for the effect of your injuries in the future. Occasionally, we can obtain punitive damages against the at-fault party.
We will explore all potential types of damage recovery in your case. That includes past and future ECONOMIC DAMAGES such as medical bills, medical monitoring, wage loss, loss of earning capacity, property damage, loss of ability to provide household services, etc… Recoverable monetary damages also include NON-ECONOMIC DAMAGES such as past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, emotional distress and other damages.
There is no magic formula. It boils down to what sum of money a reasonable person (as viewed by a judge or jury) would award you for your specific injuries. Understand that the damages for a lost leg will generally be higher than for a sprained ankle. That is the nature of the human experience when trying to calculate monetary damages. We have over 30 years of experience calculating and proving the maximum damages available under the law, and we will do so for you.
We have access to the finest damages experts in the country.
Let us review your case for free.
As always, no recovery, no fee.