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How to Determine the Amount of Damages Accumulated


When a plaintiff's injuries are a result of the defendant's action or inaction, the plaintiff will be entitled to personal injury compensation. This compensation usually comes in the form of damages, which is a monetary reward. This money may cover the plaintiff's medical bills, wages that were lost during the time of the injury, and possibly mental pain and suffering.

Personal injury compensation is calculated based on the specific circumstances of the case, but there are some general guidelines that will help a person determine the amount of damages that will be rewarded. Most personal injury cases do not require a trial date. Usually, a settlement will be worked out where each party's attorney and insurance agents will calculate damages without the aid of a judge. As long as all parties accept the settlement, there is no need to go to trial.

The main factor in determining personal injury compensation is medical expenses. The plaintiff will be required to submit medical bills. The amount of medical expenses that the defendant is responsible for paying will be only those that are directly related to the accident. This will also include the expectation of future medical bills. If the injured party is employed, personal injury compensation will generally cover the amount of money that is lost during the time the plaintiff is unable to work. For example, if a plaintiff is injured due to the fault of the defendant, this may cause them the inability to go to work.

The actual length of time of the injury, including any rehabilitation will be factored into personal injury compensation. If the plaintiff returns to work, but is unable to perform his or her job to the same ability as previous to the accident, personal injury compensation may account for this. The defendant could be liable for future wage loss that plaintiffs will injury due to their resulting sub par job performance.

When then are permanent damages caused to a plaintiff, this person can expect to receive more in the amount of compensation. Personal injury attorneys will factor in activities that a plaintiff will no longer be able to engage in due to the injuries sustained. For all of these claimed injuries, there should be considerable proof. This will often be based on the credibility of witnesses and the plaintiff himself.

Non-monetary damages are considerably more difficult to calculate than monetary personal injury compensation. Pain and suffering refers to damages that may be awarded based on the amount of mental anguish that a plaintiff must suffer due to his or her injuries. This will also include the mental strain caused by having to avoid certain activities that a person used to enjoy before the accident.

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