When someone becomes injured due to another individual's negligence or lack of safety precautions, it can be extremely frustrating and overwhelming. An attorney can help victims understand the value of their claim and become aware of their rights within their personal injury case. Understanding the importance of how damages are calculated and presented can help individuals better navigate the legal process and proceed with their case.
What Are “Damages” in a Personal Injury Case?
In a personal injury case, “damages” are often referred to as the financial compensation an individual may seek after suffering injuries or harm from an accident. “Damages” are usually divided into:
- Economic damages
- Non-economic damages
Understanding the difference between the two and your legal rights in the matter is crucial for working towards recovery after an accident occurs.
Economic Damages: The Measurable Losses
Economic damages are oftentimes known as losses that can be measured or calculated. These may include, but are not limited to, the following.
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Rehabilitation or therapy costs
- Property damage
The following are important pieces of evidence that should be preserved to later present to the court.
- Medical records and bills
- Employment records
- Tax returns
- Expert testimony from economists or vocational specialists
Non-Economic Damages: The Human Impact
Non-economic damages may include, but are not limited to, the following.
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or support
The Steps to Take When Suffering Injuries from an Accident
The following are the necessary steps victims should consider taking after suffering injuries from an accident.
- Ensure your immediate safety (move away from danger if possible)
- Call 911 or seek emergency help if needed
- Get medical attention as soon as possible
- Report the accident (police, employer, or property owner)
- Document the scene (photos and videos)
- Collect contact information from witnesses and involved parties
- Avoid admitting fault without understanding the severity of your injuries
- Notify your insurance company immediately
- Keep all medical records related to your injury
Seeking medical attention for minor injuries is crucial as they can worsen if left untreated. An attorney can help victims better understand the importance of seeking medical help and evaluation after suffering injuries from an accident to help them get on the road to recovery.
In addition, it is important to speak to witnesses after an accident has occurred. Witnesses can provide a neutral perspective on how the accident happened and the injuries involved. Victims should collect the names, contact information, and a recorded statement from witnesses to decrease the risk of unnecessary questions from investigators and the court later on. Understanding these elements and steps is important to help you maintain your safety moving forward.
Factors That May Influence Damage Calculations
The following is a list of factors that may ultimately influence your ability to receive compensation and justice for the harm caused after an accident. These factors may include, but are not limited to, the following.
- The severity and permanence of the injury
- The clarity of liability (who is at fault)
- The credibility of witnesses and experts
- The consistency of medical treatment
- The impact on the individual’s ability to work and live independently
The Role of the Jury
In many personal injury cases, the role of the jury is to help determine the appropriate amount of compensation an individual can receive for their injuries. Jurors are usually required to consider the evidence carefully and apply the law as explained by the judge. They are not expected to rely on speculation or emotion alone. Instead, they are asked to evaluate the facts presented and arrive at a fair decision based on the presented information and evidence.
Why Careful Presentation Matters
A case that is well-prepared can help ensure that the jury has the information needed to understand the full extent of the losses involved. In addition, it is important to understand that every case is different and that no outcome can be guaranteed. The results of each case may vary depending on the specific facts and circumstances presented to investigators and the court.
How Legal Guidance May Help
Navigating a personal injury case can be complicated, especially when it comes to calculating damages and determining who is accountable for misconduct. An experienced attorney can help victims by:
- Gathering and organizing relevant evidence
- Coordinating with medical and financial experts
- Explaining legal procedures and timelines
- Presenting information in a clear and structured manner
How KAASS LAW Can Help
The legal team at KAASS LAW understands the challenges that come with the aftermath of an accident. Victims and their family members experience uncertainty and anxiety about their future when suffering injuries from an accident. An experienced personal injury attorney from KAASS LAW can help you understand your case and determine potentially liable parties moving forward. Contact KAASS LAW today to discuss your potential options.