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Important Factors for Determining Damages in a Personal Injury Case
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May 12, 2023

Important Factors for Determining Damages in a Personal Injury Case

Important Factors for Determining Damages in a Personal Injury Case

When a serious injury happens, the first thing you should do is seek medical treatment. Getting the right treatment whether it be surgery, physical therapy, medications, or something else, will help you recover and get back to normal.

In some cases, victims do not make a full recovery. They become disabled for life. They cannot work or earn money. What happens in these cases? How can a person get the money they need to pay for treatment and basically survive? It may be possible to file a personal injury claim against the at-fault party.

How Much Will I Be Awarded for My Personal Injury Case?

If you’ve been injured, it is important to understand the damages you are entitled to receive. If the cause of your accident was someone else’s negligence, then the at-fault party and their insurance company could be responsible for payment of your damages. The amount of damages available in each case, though, is variable. It will primarily depend on the nature, extent, and duration of the injuries you suffer.

For example, a severe head injury is likely to qualify for higher compensation than a minor case of whiplash or back strain because of the extent to which the injury impacts the victim’s life. Severe injuries are also strongly supported by medical documentation, including X-rays and CAT scans, while soft tissue injuries are generally difficult to detect by standard procedures. The extent of treatment required and how long the injury is expected to last are also factors, as long-term injuries requiring extensive treatment have the potential for greater damages.

No Two Injury Cases are the Same

While many attorneys and insurance companies use a mathematical formula to estimate the value of an injury and determine a starting point for their negotiations, there is no standard formula. They will look at two types of damages – economic and non-economic damages. Economic damages are typically easy to calculate. These include medical expenses, such as hospital and doctor visits, X-rays, surgeries, and medications.

Damaged property, lost wages, and any other out-of-pocket expenses you incurred due to the injury are also included. You are entitled to full reimbursement for your actual expenses, so be sure to keep records.

There are also non-economic damages. This includes pain and suffering, mental anguish, loss of enjoyment of life, scarring, and disfigurement. These are based on the amount of pain you experience and the degree of disruption of your life, which can be fairly subjective. It can be tough to determine an amount for these damages, but an experienced injury attorney can provide guidance.

Contact Us Today

Car accidents, slip and fall injuries, medical malpractice, defective product injuries, or other types of personal injury accidents can result in significant damages. You may be dealing with medical bills, lost wages, pain and suffering, loss of enjoyment of life, and other hardships. 

You do not have to deal with this situation alone. The team at Clark Frost Zucchi can help you with financial recovery while you work on physical recovery. We serve clients throughout Northern Illinois. Call us today or fill out our online form to schedule a free consultation with our office.

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