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The Relationship Between Injuries And Damages

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Posted: 24th May 2022 by
Lawyer Monthly
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Personal injuries that result in damages can range from scratches to catastrophic wounds. The worse the injuries are, the higher the damages. Some injuries may require extended periods of medical treatment, which can result in higher expenses. Because injuries are intrinsically related to damages, typically, you can expect higher damages if your injuries are more severe. According to personal injury lawyers, the more terrible the injury, the more you should receive in the settlement. 

How Are Damages Estimated Based On Injuries?

Every personal injury case is unique, which is why you will need an attorney to help you properly estimate how much you should receive in compensation for your injuries. Here are some common factors lawyers may consider: 

Typical Personal Injuries

For personal injuries that only resulted in nicks, cuts, and bruising, your damages will be less. This is because you are likely to recover from your wounds in a shorter time and may not need time off from work. The medical treatment required for your wounds will probably be manageable and won’t be too much of a burden. These injuries can include neck pain, lower back pain, lacerations, and other wounds that require less time to heal. 

Pain And Suffering 

The level of emotional pain you struggled with is also a major part of your settlement. For example, you may have gotten badly scarred on your face because of a car accident and felt shame, grief, or depression because of this. This may require skin grafts or plastic surgery for your life to go back to normal. These feelings are a form of pain and suffering and are compensated based upon a multiplier. The severity of your injuries plays a part in estimating the multiplier, which ranges somewhere between one and seven. This number is multiplied by your total economic damages before being added back to the total amount in damages. 

Catastrophic Injuries 

In the case of a life-threatening accident, catastrophic injuries can receive even greater compensation. Catastrophic injuries are typically wounds that result in a long-term disability or permanent damage to your body. For example, brain injury, spinal cord injury, amputation, paralysis, and third-degree burns are so severe that you may be at risk of a long-term disability. The expenses for these kinds of injuries are also far higher compared to more common injuries. These injuries may require surgery, physical therapy, medication, medical devices, and other therapies to help you cope and recover from catastrophic wounds.

Wrongful Death

For personal injury victims that died due to their personal injury because of someone else’s negligence, this is called a wrongful death. The highest number of damages go to surviving family members of wrongful death victims to help them with funeral bills, burial fees, and many other costs. If the family member was getting medical treatment because of their personal injury and passed away despite this, they can include their medical bills in their settlement demand. Other damages can also include loss of consortium, loss of guardianship, loss of companionship, loss of valuable services, and other key damages that occur because of the family member’s death. For example, if the victim used to babysit or do household chores before they passed away, the remaining family members can estimate the replacement cost for these tasks and include this amount in the settlement. Other factors that may be important in the settlement include the victim’s level of education, earning capacity, lost wages, number of dependents, benefits, and other damages. 

How Do I Know How Much I Can Receive In Compensation?

Before assuming how much you believe you should receive in settlement money, first speak to a proven attorney who can explain to you how much you are owed. This is because most people with no legal education may over or underestimate how much they should receive. An attorney can accurately calculate how much your damages are worth based on your pain and suffering, medical bills, property damage, and lost wages. In some cases, if the other party was found to be grossly negligent or even malicious, it is possible to receive punitive damages in addition to settlement compensation.

After I Have Been Injured And Am Not At Fault, What Should I Do Next?

It is a good idea to begin organising your evidence to help you prepare for your conversation with your attorney so that you can discuss your settlement in great detail. They will investigate your claim and find additional proof to help build your case. Their job is to help you obtain a fair settlement that reflects how severe your damages are. This way, you can properly recover from your injuries and not be burdened by expensive damages that can potentially set you back financially for several years. 

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