How To Estimate Your Damages
The legal term “damages” refers to costs of an injury that was suffered in a personal injury case. If you believe that your injury was the result of someone else’s action or inaction, you will need to file a claim if you want to take legal action and receive compensation for your injury. A claim is not always easy to calculate, because you are not just filing for the hospital bill when you got injured. Damages can include your medical bills, medications, physical therapy, loss of wages, etc. Below is a list of different things that may be considered damages.
Out-of-pocket expenses would include ambulance bills, hospital bills, doctors, therapy, medications, medical supplies, in-home care, traveling for medical reasons. There would also be other factors like loss of wages, future losses, and decreased earning capacity. Any expenses that you would normally not be paying had you not been injured would be included as out-of-pocket expenses that could be factored in.
Out-of-pocket expenses may be easier than calculating physical losses. Physical losses could include pain and suffering, disabilities, decreased capacity of life, your family’s losses, future pain and suffering, and future disability. Along with this, losses to body parts could contribute to damages. This would include loss of limbs, specifically your dominant hand or arm, entire leg, just leg below the knee, loss of foot, and amputation to both arms or both legs. Other damages could be damage to your back or neck, or brain damage.
Questions to Ask Yourself
Some questions may be important in calculating your physical losses or when presenting the injury case at trial in front of a judge. First, what kind of pain did you feel and experience during the accident? Second, what kind of pain did you feel while recovering from the accident, or that you still currently have? Next, did your injury cause you to experience trauma, anxiety, PTSD, depression, loss of enjoyment in life, etc.?
Another question to think about is if you had any hobbies or activities that you can no longer do or if they now cause you pain due to your injuries? Examples of this would be sports, cooking, playing an instrument, gardening, etc. Lastly, do you struggle with day-to-day functions like driving, cooking, laundry, doing the dishes, etc.?
The purpose of this guide to calculating your damages and questions to ask yourself is to get an idea about the kinds of things that you will need to consider when pursuing a personal injury case. This guide is just a general overview, and does not include every single factor that can be considered. The best way to fully and accurately estimate your damages is to consult with an attorney. If you have been injured in a water park, amusement park, or carnival, consult with an attorney so you can get professional help with filing a claim for your damages.