At O’Dekirk, Allred, and Associates in Joliet, our clients often ask what is a personal injury case worth? In calculating what your case may be worth, there is a great deal that must be considered in damages: what have your injuries actually cost, both physically and mentally. Damages should also consider if the defendant needs to pay enough that the payment is a form of punishment, particularly in cases where such an injury or accident may occur again or is egregious in nature.
In personal injury cases, the plaintiff is the injured person. Money damages are generally paid by the person or company (the defendant and/or their insurer) who is legally responsible for the accident or injury. Damages can be settled out of court by negotiating a settlement. Such negotiations can involve the parties, their attorneys, and the insurance companies, for example. If a negotiation is not reached or agreed to by all parties, the case may go to trial where a jury or a judge may award damages.
Personal Injury Cases and Compensatory Damages
When it comes to what is a personal injury case worth, most of the damages are considered to be compensatory. This means that the award is supposed to compensate for whatever was lost during the injury or accident. Compensatory damages are intended to use money to make the injured party “whole” from a monetary standpoint. A dollar figure is intended to match the damage from the accident or injury. This can be straightforward for some compensatory damages.
For example, the cost of medical bills or property damage can be fairly easy to calculate. Other damages, such as pain and suffering, can be much more difficult to quantify. For example, if a plaintiff can no longer enjoy participating in his favorite hobby as a result of injury, finding a monetary amount to compensate can be more difficult.
Types of Compensatory Damages
There are different kinds of compensatory damages that are frequently involved in personal injury cases which can make it difficult to determine what is a personal injury case worth. Here are some of the more common types of damages that are awarded these types of cases.
Medical Treatment: Personal injury awards almost always cover the cost of medical treatment and care associated with the injury or accident. Medical treatment covers the treatment you have already received, as well as the estimated cost of all medical care and treatment expected or needed in the future as a result of your injury or accident.
Income: The accident or injury may have affected your ability to make money in the future and this loss can be calculated in the total compensatory damages. This is called compensation for a loss of earning capacity. Additionally, the loss of wages and salary that already occurred as a result of the accident or injury should be included.
Property Loss: Physical property that was damaged or destroyed as a result of the accident should be included in your compensatory damages. You should be able to be included the fair market value of the property that was damaged or destroyed.
Pain and Suffering: The physical discomfort caused by the accident or injury, as well as emotional stress that continues as a result of the accident, are all considered to be a part of pain and suffering. This component also takes likely future pain and suffering into account when determining the award and the defendant’s negligence.
Emotional Distress: This type of punitive damage is often involved in more severe accidents or injuries. This is intended to compensate for anxiety, fear, sleep loss or other emotional impacts that have occurred as a result of the accident. Emotional distress may be a part of pain and suffering in some states. Additionally, emotional distress can also include depression, anger, loss of appetite, mood swings, lack of energy, and sexual dysfunction.
Loss of Enjoyment: If you can no longer enjoy day-to-day activities such as exercise, hobbies, and other pursuits, you may be entitled to this type of personal injury award.
Loss of Consortium: Often this type of personal injury award is awarded because the injury or accident has impacted the plaintiff’s relationships, often the plaintiff’s spouse. Sometimes there is a loss of companionship or the couple’s sexual relationship has been altered. Sometimes “loss of consortium” in some states considers family members separately, so these damages can be awarded to family members that are affected not necessarily the injured party.
Damages Can Be Affected by Plaintiff
Plaintiffs in personal injury cases need to be aware that their role in the accident or possible inaction following injury can reduce the amount of damages awarded, and affect what is a personal injury case worth.
Comparative Negligence: If you were even partially responsible for your accident or injury, it is likely that your damage award will be lower as a reflection of your role. Usually, this is because many states have a standard for “comparative negligence” that looks at a plaintiff’s degree of fault in personal injury award decisions.
Contributory Negligence: There are a few states that use contributory negligence in personal injury lawsuits. Contributory negligence means that if you are even partially to blame for an accident, you may not be entitled to any compensation at all.
Failure to Mitigate Damages: Many states expect that a plaintiff will take reasonable steps to minimize the harm caused by an accident. For example, if a plaintiff fails to seek medical attention and this failure causes their injury to be worse, the award for damages may be significantly less. So if you have been injured in an accident, it will be important to make sure that you are receiving appropriate medical treatment both so that you take care of your health, but also to protect your ability to receive damages.
If you have been injured in an accident and are considering pursuing a personal injury case, contact us at O’Dekirk, Allred, and Associates in Joliet to discuss what is a personal injury case worth. We can help you determine whether to pursue legal action and help you determine how much of an award we can help you pursue.
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