The Factors that Affect the Amount of Your Damage Award
When another person acts carelessly and you suffer an injury, you have a right to seek fair and reasonable compensation for all your losses. Typically, in the aftermath of an accident, one of the first questions is “How much can I recover for my injuries?” Unfortunately, it’s extremely difficult to say, as a personal injury award is based on a wide range of factors. Here, however, are some of the criteria your lawyer (and the judge and jury) will use to assess the full measure of damages to which you may be entitled:
- What kind of injuries you’ve suffered and the extent to which they will permanently impact your life—Will the injuries prevent you from working again? Will you need long-term care? Will you have unreimbursed medical expenses? Will you need to retrofit your home or car to accommodate your injuries? Will you have to give up activities that have brought you joy and fulfillment? Is there any permanent pain or other medical condition?
- The extent to which the at-fault parties have insurance that will cover your losses—If there’s insufficient insurance, what are the potential avenues for obtaining compensation for all your losses?
- Your credibility and the credibility of your witnesses
- The extent to which you can provide a plausible explanation of the accident and your injuries to a judge and jury
Your total compensation will generally include what are known as “economic” and “non-economic” damages. Economic damages are easy to calculate—lost wages, unreimbursed medical bills, damaged property. Non-economic damages are typically more speculative or intangible—the monetary value of your pain and suffering or of no longer being able to do all the things you love.
In very limited situations, you may even be able to pursue what are known as punitive damages—an award specifically designed to punish the defendant for egregious behavior and dissuade others from engaging in similar conduct.
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We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.