How Damages Are Assessed In A Personal Injury Case
Whether a person has been involved in an motor vehicle accident, slip and fall accident, or other incident that resulted in an injury, it’s important to have their damages assessed as quickly and accurately as possible. However, this can be much easier said than done. Since these cases can often be complex and involve numerous people as well as medical conditions that can be diagnosed in different ways, it’s vital that a personal injury case be handled by a personal injury lawyer who has the experience and knowledge needed to win these cases. If you’re involved in this type of situation, here are some ways in which damages are assessed in these cases.
When an individual sustains physical injuries that result in a lawsuit being filed on their behalf, there are several factors that a personal injury attorney will take into consideration when building their case. Some of the most important include:
–Nature of the injury
–Cause of the injury
–Impact of injury on person’s ability to work and perform daily activities
To fully analyze this, an attorney will not only review case law of similar cases, but also have medical records examined by medical professionals who can provide insight as well as testify in court as expert witnesses.
Pain and Suffering
While not as easy to assess as physical injuries that are able to be seen, pain and suffering can play a pivotal role in how damages are assessed in your personal injury case. To properly assess these damages, a personal injury lawyer will often rely on the testimony of medical experts, as well as that of their client. By showing that pain and suffering has led to severe limitations on a person’s ability to work or enjoy life on a day-to-day basis, additional money may be awarded by the court.
Loss of Income
If a plaintiff cannot work due to their injuries, the court will take that under serious consideration. Known as a “loss of earning capacity,” this involves not only the wages and other income you may be currently losing, but also that which may be lost in the future. If the accident resulted in serious disfigurement, loss of a limb, or other permanent physical, mental, or psychological functioning, you may be entitled to damages that will compensate for these as well.
Your Role in the Accident
While you may be seriously injured, the fact is the court will take a close look at your role in the accident. For example, if you were in an auto accident and were not wearing your seatbelt, the damages you may seek could be greatly reduced. Therefore, it’s important to tell your attorney every detail of the case, so that they can properly assess the damages involved.
Consult an Attorney
If you have been the victim of a severe personal injury, consult a personal injury attorney as soon as possible. By doing so, you’ll greatly increase your chances of receiving the full and fair compensation you deserve. For more information or to schedule a free consultation with an attorney at Gersowitz Libo & Korek, P.C., please call (212) 385-4410.