How Are Personal Injury Damages Calculated?

If you have an accident or an injury which wasn’t your fault then the best way to proceed is to sue the guilty party for damages. This kind of case can be brought about by the guilty party, but it is far better to use the support of a specialist lawyer. A slip and fall attorney Washington DC for example will be able to provide the client with so many more options and an increased chance of success when it comes to the case. There is a wealth of additional benefits which the lawyer can offer such as providing support, helping to build the case, negotiating and understanding how much they should be asking for regarding damages.

The calculation of damages is not an exact science, but here is what will be looked at when it comes to this procedure.

Area of The Injury

The first aspect which will be taken into consideration will be the area of the body where the injury has been sustained. There is a very pragmatic approach which is taken to this, that essentially breaks down each part of the body with regards to its value. This makes perfect sense of course, such as the head or eyes being more valuable than the legs or a hand.

Severity of The Injury

Once the area or areas of the body where the injury has been sustained is looked at, the next step is to look at the severity of the injury. In order to fully understand how serious an injury is, the words and thoughts of a medical professional will be taken into consideration. In some cases an injury may be surface-level such as cuts, scrapes and bruising, but there could also be more severe damage caused to limbs and even organs. As you can imagine, the more severe the injury the greater the value of the damages.

Result of Injuries

Another important consideration here is the knock-on effect which the injuries may have had in the victim’s life. This could mean anything from days lost to being in hospital, missing out on work, childcare issues or any other impact which the injuries have caused in the victim’s day to day responsibilities. The more upheaval that the injuries have caused, the higher the value of those damages.

Emotional Distress

Not all injuries are physical of course and we often find that it is the emotional anguish which victims go through that can cause the most damage. This is difficult to quantify at times, and usually the legal team may look to use the support of psychologists or therapists in order to give a depiction as to what mental state the victim is in. We so often see people who end up with anxiety in social situations following such an incident and this must be discussed when it comes to calculating the eventual payout.

These are the cornerstones of how damages are calculated in a personal injury claim.