How are Damages in a Personal Injury Case Calculated?

Many personal injury cases involve multiple periods in which the case has calculated damages to determine how much compensation may be possible. The value of a case depends on many factors.

Many clients believe that what they think the case is worth should be accepted. However, the real value of a claim is determined by many factors that are carefully analyzed to ensure completeness and thoroughness. Often, when an injured person communicates with a legal professional, there are many ways to negotiate about what should and shouldn’t be achieved versus what is standard for each factor.

If the client does not feel that the amount offered is fair and valid, he/she may seek another opinion. However, if the details of the case are explained, the client may be able to understand why the proposed amount is fair. These include legal fees, medical expenses, property reconstruction, and bills to cover while waiting for the compensation payouts. The legal representative explains the amount based on the severity of the injury, the pain and suffering, distress from the incident, and the loss of income.

Estimated Damages Owed

The lawyer determines what is reasonable and fair, and he/she will inspect the case elements and decide what standard a judge or jury would use. These factors include the economic impact of an incident, such as the loss of income due to the victim being unable to work, damage to property, out-of-pocket expenses, medical bills, and other similar issues. Above this figure is pain and suffering, which is based on how severe the injury was and the amount of distress it has caused. This is often more difficult because each person is unique and the pain he/she experiences may differ from the standard.

Victims may feel that they need more, so lawyers combine their legal experience with a demand number. External considerations include verdicts from juries, who were recently in the area where the incident occurred. This allows for comparisons and understanding of similar claims in similar situations. These processes are used to determine the likely award. The courts’ geographical location may also influence the decision on whether or not to reduce or increase the amount. Some judges and jury panels may award more or less depending on the geographical location’s experience.

Factors that Surround the Case

The elements of a car accident add weight to the estimated amount that should be paid in damages. It could be through proving fault, witness testimony, or insurance coverage. These factors can strengthen or weaken the case depending on how many of them are available. It is possible to negotiate a lower amount to settle the case before trial if there is not enough evidence to show that the other driver is at fault. However, if there is more evidence to support the claim, the victim usually receives a higher amount.

The trust in the lawyer is an important factor in determining the amount of estimated compensation. The lawyer must be trustworthy enough to negotiate fair and reasonable settlements for their client. Accepting the lawyer’s compensation is a sign that you trust the lawyer to get the best possible deal. Trust is mutual, and the legal representative works hard to ensure that the payout is accepted by the insurance company, the judge or jury, and the client.

The Lawyer in Calculating Damages

The lawyer will review the information and numbers from previous cases and current ones in the area to determine the best estimate. This calculation is based on all details and factors surrounding the claim for compensation. The estimation may be affected by the addition of case evidence or other elements. If the victim is not clear about the true value of the case, it may be difficult to convince the victim. However, trust and hard work can be achieved with communication.


Updated 12/1/2021