This a question we get a lot at Goldman Daszkal. Clients want to know how much their personal injury claim is worth. And rightfully so. If you have been injured because of another party’s negligence, you have medical bills to pay that you weren’t expecting. You probably missed work, so you didn’t get paid. You might have future medical bills to cover and more lost wages to consider. Those are just a few of the factors to consider when it comes to valuating a personal injury claim.
Factors for Determing Personal Injury Case Value
Most personal injury damages are compensatory, which means they are intended to compensate you for losses resulting from your injury. Some losses are easier to figure out: lost wages, vehicle replacement, and medical bills. It is more difficult, however, to quantify “pain and suffering” or physical limitations you now have to live with that limit your quality of life. That’s where the expertise of your personal injury attorney comes in. Let’s take a look at the compensatory damages your personal injury attorney at Goldman Daszkal considers when deciding how much your claim is worth.
If you have suffered a personal injury because of someone else’s negligence, you deserve compensation for medical bills. We will factor in the bills you’ve already incurred and the estimated cost of future medical care your injury will require.
If your injury kept you away from work, we want to compensate you for lost wages, including salary you won’t be able to earn in the future because of your injury. We call that your “loss of earning capacity.”
If clothing, vehicles, or other personal property were damaged because of the accident, you could receive compensation for repairs or the fair market value of the property.
Pain and suffering.
Injuries come with pain and suffering. We want you to be compensated for your pain you’ve suffered because of the accident.
These damages are usually sought in very serious accidents to compensate you for the psychological impact of an injury, including anxiety, sleep loss, PTSD, etc.
Loss of enjoyment.
If your injury keeps you from enjoying the things you did before, such as exercise, hobbies, and other recreational activities, you could be entitled loss of enjoyment compensation.
In cases in which defendant’s conduct is deemed particularly egregious or outrageously careless, your personal injury attorney might ask for punitive damages in addition to compensatory damages. The goal of these kinds of damages is to punish the defendant and to act as a deterrent. It is common for punitive damage awards to be in the millions of dollars, which is why most states have set some type of cap on punitive damage awards in personal injury cases.