How is compensation calculated in injury cases?

General damages, commonly referred to as “pain and suffering,” are intended to compensate you for the non-monetary injuries you experience, such as pain, anxiety, and other suffering you may have to endure because of your injury. Victims who suffer a serious personal injury as a result of the negligence or intentional acts of others are likely to be entitled to greater compensation than those who suffer more minor injuries. Some states have passed liability reform laws that limit the amount of compensation victims can receive in certain injury lawsuits. Your experienced personal injury lawyer will have the knowledge and skill you need to successfully obtain compensation for your accidental injuries.

The library has several resources that you may find useful for evaluating your situation and calculating damages, such as “How to Win Your Personal Injury Lawsuit” from Nolo Press, which includes a very detailed chapter on how to determine the value of your injury claim, as well as tips for negotiating a settlement with the defendant. However, this is only a starting point; you should consider other facts about your accident and your injuries, such as how painful the type of injury is, how invasive or long-lasting your treatment is, or how serious or visible the permanent effects of your injury will be. If liability reform laws apply to your case, your lawyer can help you understand how these rules affect your compensation for injuries. Plaintiffs with a more serious injury are more likely to receive much greater compensation than plaintiffs with minor injuries.

Instead, personal injury damages are based on a combination of actual expenses and compensation for pain and suffering. In general, the person responsible for the injury (or that person's insurance company) is responsible for reimbursing the injured party for all expenses related to their injury, as well as compensating the injured party for any pain, suffering, or emotional harm they have suffered as a result of the injury. Here are the different types of personal injury compensation you may be entitled to receive if you file a claim against a person or individual who caused you harm. A personal injury lawyer helps you document the extent of these losses so that you can maximize the compensation available.

Determining what the fair monetary amount is for your claims is the first part of the process of calculating personal injury compensation. Relatively minor injuries would be at the lower end of the multiplier range, while serious or long-term injuries would likely be at the higher end of the range.

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