Calculating Damages in a Personal Injury Lawsuit

Punitive damages are often awarded in particularly egregious cases of negligence, often if the at-fault party has engaged in malicious or willful misconduct. These damages are awarded to the injured party as punishment to the at-fault party. 

Not every state allows punitive damages, so make sure you check to see if you can receive this type of compensation in your state. Be aware that some states do allow punitive damages for certain types of lawsuits, such as injuries as a result of medical malpractice, but not for other types of injuries. 

You cannot directly ask for punitive damages; the court must award them. If you feel that you should receive punitive damages for your case, consult with a lawyer on the appropriate steps to take.

It’s important to bear in mind that the state you reside in makes a difference on your final settlement amount due to the laws surrounding negligence.

In states with pure comparative negligence laws, such as Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington, your final settlement amount is reduced by your percentage of fault. Let’s say you were 20% at fault for your accident, and your settlement amount is $20,000. That means that you will receive $16,000 in damages.

In states with modified comparative negligence, such as Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Caroline, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, and Wyoming, your final settlement amount is also reduced by your percentage of fault. However, if your percentage of fault is greater than 50%, you will not receive any damages.

In states with contributory negligence laws, such as Alabama, Washington D.C., Maryland, North Carolina, and Virginia, you cannot receive any damages if you are as little as 1% at fault for your accident. 

Almost all personal injury cases are settled before they get to trial, so it’s important to know what will affect the settlement that the defendant is offering you. Besides state law regarding negligence, a variety of other factors may affect your final settlement amount.

One such factor could be disproportionate medical bills. If an insurance company sees that your medical bills are inflated, such as extensive treatments and tests that they deem unnecessary, they may not provide compensation for the full amount of expenses.

Additionally, the venue (also known as location) may affect your final settlement amount. Often, adjusters want to settle out of court if they believe a jury will favor you as an injury victim. They may pay more money to settle out of court.

Finally, your own policy limits could affect your settlement amount. If your policy limits are significantly lower than the amount of compensation you require, you will have to file a personal injury lawsuit to receive the damages you are seeking.

It is important to understand that in accidents such as car accidents, you may have to go through your insurance first before filing a personal injury lawsuit. You should also realize that the insurance adjuster will try to provide you with the lowest amount of compensation possible. It is not advisable to simply accept their calculation. If you do not want to calculate your damages yourself or you would simply prefer professional help, you can always reach out to an experienced lawyer who can calculate the damages on your behalf.

When it comes to calculating non-economic damages, insurance adjusters are more likely to accept your calculation if you provide documentation of your pain and suffering from a medical professional. As you are going about your treatment, ensure you are collecting documentation that proves you have experienced pain and suffering. This will help you secure the maximum amount of compensation possible.

Though you can calculate damages yourself and negotiate with an insurance adjuster, working with a lawyer will ensure you receive the maximum amount of compensation you need. It can be easy to make a mistake when calculating, plus you will be required to demonstrate a significant amount of documentation. A lawyer can gather and organize this documentation on your behalf and calculate the appropriate amount of damages to request.

Additionally, insurance companies often will try to pay you the minimum amount of compensation possible. They will have a team looking through your claim in order to find discrepancies. If you hire a skilled attorney, they can negotiate on your behalf so you are not offered a poor settlement. If you have decided to pursue a personal injury lawsuit, it is in your best interest to contact an experienced personal injury attorney today in order to receive the justice and compensation you deserve.

If you were injured in an accident, you might be wondering how to calculate damages in personal injury cases and how much compensation you might be entitled to. This is where a dedicated and competent attorney comes in. If you need help with a civil claim, Morgan & Morgan can help. We have recovered more than $20 billion dollars for our clients, and we will do whatever it takes to ensure that you get the compensation you’re entitled to. Contact Morgan & Morgan today for a free consultation.