Determining Compensation In Personal Injury Cases

In every personal injury claim, there are two components in determining compensation; economic and non-economic damages.

When you’re injured in an accident you suffer emotional injuries, physical injuries and financial loss. And, if your injury is caused by the negligence of another you could be entitled to be compensated for your economic and non-economic damages.

But the big question is… how are those components calculated when it comes to your injuries?

Let’s review what economic damages are in a Personal Injury Case first.

In non-legal “layman’s terms” economic damages are your out of pocket costs related to your case.

Which include:

o Past, present and future lost wages

o Past, present and future medical expenses

o Loss of earning capacity (future income)

o Travel expenses

o Over the counter medication and medical supplies

o Ongoing medical care and or personal care

o Cremation, funeral and or burial expenses

When calculating economic damages a personal injury attorney will review copies of your medical bills, past income and invoices or expenses related to your accident. Loss of future income is based on what a person is expected to earn over a set period of time.

In regard to non-economic damages which are often referred to as “pain and suffering” as this component covers the physical and mental anguish one might experience as the result of the accident.

These “pain and suffering” damages include…

o Impact of your relationship with others

o Mental problems (anxiety, panic attacks, depression, PTSD, etc)

o Restrictions in your day to day life

o Loss of companionship

o Loss of enjoyment of life

o Permanent disability

o Disfigurement

o Scarring

The lawyers, the jury, the judge and even the medical community cannot undo the damage caused by an injury, however, you if you’re injured you can be compensated for your damages with a financial settlement.

Unlike economic damages which can be calculated based on expenses, non-economic damages (the pain and suffering) is calculated a bit differently. Since you cannot put a price tag on someone’s pain and suffering as everyone’s pain and suffering threshold is different, the compensation is based on a court accepted factors.

These factors include:

o The severity of your injuries

o The recovery time of your injuries

o How your injury was treated

o Testimony regarding your injuries and how those injuries impact your life

o Evidence of permanent disabilities

o Psychological and or mental treatment

o Eyewitness and expert witness testimony

o Photographs of the accident scene

o Medical records and doctor assessments

The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.

The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.

If you or a loved one has been injured by the negligence of another pick up the phone and call (219)736-9700 today.