When you’re injured in an accident due to someone else’s negligence, you may be entitled to compensation. Damages encompass the financial compensation awarded to an injured person (plaintiff) by the party found legally responsible for the accident or their insurance company.
Damages, in the context of personal injury cases, compensate the injured party for the losses incurred due to the accident. These can be quantifiable financial losses as well as more subjective losses related to pain and suffering:
- Special: These are specific, measurable financial losses resulting from the accident. They include medical bills, lost wages due to time off work, and property damage.
- General: This category includes less quantifiable losses such as pain and suffering, emotional distress and loss of enjoyment of life. It can be challenging to place a monetary value on these losses.
Several factors contribute to how damages are calculated in personal injury cases:
- Extent of injuries: The severity and long-term impact of injuries are critical factors. More serious injuries often lead to higher compensatory awards.
- Medical expenses: The cost of medical treatment, ongoing care and potential future medical needs play a significant role in calculating damages.
- Lost income: Compensation for lost wages and reduced earning capacity due to the injuries are considered.
- Pain and suffering: While challenging to quantify, physical and emotional pain endured due to the accident is a substantial factor in damages calculation.
- Emotional distress: Compensation for psychological suffering, anxiety and sleep loss resulting from the accident.
- Loss of enjoyment: Damages for the inability to partake in activities the plaintiff enjoyed before the accident.
- Loss of consortium: Injuries impacting personal relationships, such as companionship or the ability to maintain a sexual relationship with a spouse, may result in damages.
- Liability and fault: The determination of fault and liability affects the amount of damages awarded. Comparative negligence may reduce the compensatory award if the plaintiff's actions contributed to the accident.
If you’ve been injured due to someone else’s negligence or recklessness, contact a seasoned Sarasota, FL accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh today.