Amount of Damages in a Personal Injury or Medical Negligence Case

Scott Smith

Contributor

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There is no simple, universal formula that lets us put a price tag on injury, pain and suffering. One who has been injured and makes a claim for injury or wrongful death must rely on the experience of a qualified lawyer in handling injury cases of all kinds. This experience is crucial in order to ensure that the case will not be settled out of court for less than it is worth in court.

There aren't any hard and fast rules nor are there any magical mathematical equations to derive an exact monetary number as compensation for personal injury or wrongful death. To determine the worth of one's injuries, an attorney will calculate lost income, medical expenses and property damage. In addition, and early on in a case, an attorney should meet with the client to discuss in detail the nature of the pain and suffering, mental anguish or emotional distress, loss of enjoyment of life, loss of consortium, and lost opportunities that apply. When appropriate, the attorney should seek the help of medical and employment specialists to assist in proving the nature and extent of economic and non-economic damages.

In addition an attorney's expertise will be used to asses a number of other relevant factors, such as demographics, local judges and juries, opposing counsel the degree of the at fault party's liability, the nature of the injury, the clients, defendants and witness' credibility and the credibility of the defendant.

Every case is different, and, as a result, every outcome is different. Though no attorney should ever guarantee that a certain set of facts will result in a certain amount of damages, an attorney should guarantee that they will vigorously consider every avenue of recovery available to you in order to maximize the amount of compensation that you will receive.

In all matters involving a personal injury or wrongful death it is essential that measure be taken promptly to preserve evidence, investigate the incident in question, and to file a lawsuit prior to the imposed statute of limitations.

These procedural rules require the understanding and skill of experienced personal injury attorneys.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.