How Are Your Damages Calculated In Personal Injury Cases?

When you’re injured due to someone else’s negligence, there are several types of damages you may be able to pursue. These can include medical bills, lost wages, property damage, and non-economic damages like pain and suffering. Calculating personal injury damages accurately can be complicated, which is why it’s important to hire an attorney who understands how to assess the full scope of your losses.
 
At George Sink, P.A. Injury Lawyers, we can help ensure all potential damages are considered so that you can seek maximum compensation. Our team of skilled attorneys offers free, no-obligation case reviews, where we will analyze your case and explain the types of damages you may be entitled to recover.
 

How Are General Damages, or Non-Economic Damages, Calculated?

General damages, also known as non-economic damages, cover intangible losses like pain and suffering, emotional distress, or permanent injury. Unlike medical bills or lost wages, these damages are more difficult to quantify. Since they reflect the long-term impact of your injuries on your quality of life, calculating the value of non-economic damages often requires an attorney who understands the complexities involved.
 
Two common methods are used to calculate non-economic damages:

• Multiplier Method: A number representing the severity of your injuries (usually between 1.5 and 5) is multiplied by your total economic damages.
• Per Diem Method: A daily dollar amount is assigned to your pain and suffering, then multiplied by the number of days your life has been or will be affected.

Because general damages are subjective, these methods try to quantify them as objectively as possible. Still, the compensation for general damages often varies from case to case.

How Are Special Damages, or Economic Damages, Calculated?

Special damages, also known as economic damages, cover the direct financial losses resulting from your injury. These damages are easier to calculate than general damages since they are based on specific, measurable costs like medical bills, lost wages, and property damage. To substantiate these losses, you’ll need documentation such as receipts, bills, and pay stubs.
 
All of these “hard costs” are added together to determine the compensation you’re entitled to. In cases where your injury affects your future income or requires ongoing medical care, your attorney may work with experts to accurately estimate these future losses, ensuring they are also included in your claim.
 

What Other Factors Affect The Value Of Your Personal Injury Claim?

Calculating personal injury damages can be challenging due to the various tangible and intangible factors involved. Here are a few key elements that can influence the value of your personal injury claim:

Severity Of Injuries

The severity of your injuries plays a significant role in determining the value of your personal injury claim. More serious injuries typically result in higher compensation because they lead to greater medical expenses, longer recovery times, and a greater impact on your ability to work and live your daily life. Injuries requiring surgeries or long-term care will generally result in higher claims compared to minor injuries. To pursue fair compensation, it’s essential to provide detailed medical records and bills that reflect the true extent of your injuries.

Liability

Liability plays a crucial role in determining how much compensation you can recover for your personal injury claim. If the at-fault party is found to be 100% responsible for the accident, you are likely entitled to the full value of your damages. However, if you share any responsibility for the accident, the amount you can receive may be reduced, or you may not be able to seek compensation, depending on your state’s negligence laws.

• Contributory Negligence: North Carolina follows this strict rule, which states that if you are found even 1% at fault for the accident, you may be barred from recovering any compensation.
• Comparative Negligence: In Georgia and South Carolina, you may still recover damages even if you are partially at fault. However, your compensation will be reduced based on your percentage of fault. For example, if you are found 30% responsible, your total recovery will be reduced by 30%. If you are found to be 50% or more responsible for your accident, you may not be able to receive compensation.

Age

Age can significantly impact the value of a personal injury claim, especially when the injury leads to permanent damage. Younger individuals may receive higher compensation because they face a longer period of future pain, suffering, and loss of income. For instance, a 20-year-old who suffers a permanent injury will likely endure a greater loss of enjoyment of life and mental anguish over time compared to an older person. This extended period of hardship can be a key factor in determining the compensation amount.

Insurance Coverage

Insurance coverage plays a large role in determining the amount you can recover from a personal injury claim. Even if your claim is valued at a high amount, you are limited by the at-fault party’s insurance policy. For example, if your claim is worth $50,000 but their policy has a $30,000 limit, you can only recover up to $30,000 from their insurer. In some cases, your own insurance may cover additional damages. An attorney can also help you explore the option of pursuing a lawsuit if your damages greatly exceed insurance coverage limits.
 

Take the Next Step in Calculating Your Personal Injury Damages

Understanding how damages are calculated in a personal injury case can be complex, with factors like the severity of your injuries, liability, age, and insurance coverage all influencing the final outcome. It’s important to have an experienced attorney by your side to ensure that every potential damage is accounted for so you can pursue the maximum compensation you’re entitled to.

At George Sink, P.A. Injury Lawyers, our award-winning attorneys have helped over 50,000 clients secure successful results. We offer free case reviews and provide personalized, compassionate assistance so you can focus on your recovery while we handle the complexities of your case. Reach out today to get started.