Calculating Damages in Personal Injury Cases
Personal injury cases are notoriously complex, and it is not always clear how the insurance company goes about evaluating cases to determine how settlement money to offer. The process can be quite opaque. An Irvine personal injury attorney may be able to help you understand what’s going on.
The question on how to calculate damages in personal injury cases or wrongful death cases is somewhat complicated. Damages can be divided into two groups: economic damages (which are calculated first) and non-economic damages (which are calculated second). Non-economic damages are usually the largest damages, but economic damages are easier to quantify first.
Economic damages usually consist of loss of earnings or earning capacity. It may also include damage to property or loss of property. In some jurisdictions, it may include loss of credit or loss of insurability, because these are losses of a positive value caused by the defendant. Your Irvine personal injury attorney will know the latest relevant case law and can answer your questions about what is and is not included. It also includes negative costs such as past and future medical costs, rehabilitation costs, and special accommodation costs resulting from the injury.
Non-economic damages are either regarded as positive values lost or negative values incurred depending on the circumstances. It may be stronger rhetorically to argue that they are positive values lost, in order to emphasize your diminished health and capacity. Effects such as pain, mental suffering, anguish, and physical disfigurement, as well as loss of enjoyment of life and loss of society, are considered non-economic damages.
If you have further questions about how damages are calculated, contact knowledgeable Irvine personal injury attorney Samer Habbas at (888) 848-5084. The initial consultation is free of charge.