The amount of compensation awarded in a personal injury case depends on the victim's past, present, and future medical bills, earnings, as well as their pain and suffering and other relevant damages incurred by the victim. Figuring out how much a victim should receive as compensation in a personal injury case is never an easy thing to do. One reason why it is never easy to do is the fact that the victim has to put a price on something that usually doesn't have a price on it, such as pain and suffering or the loss of a limb or even the loss of a life. The job of the victim or the victim's lawyer is to get as much monetary compensation from the defendant in the case as possible while the insurance company's job is to spend as little money as possible when sending payments to the victim of the personal injury case.
The first thing to consider when determining the compensation of your personal injury case is the responsibilities of the liable parties involved. The first amount of money that needs to be repaid to the victim is any money lost as a result of the injury. This can be money that was paid by an insurance company or lost wages as a result of missing work. The next payment a liable party must pay for is pain and suffering. The pain and suffering payment from the defendant is for past and future pain and suffering. Long term pain and suffering could occur if the injury is considered long term or permanent. The liable party is also responsible to pay money to the victim for emotional damages and missed experiences. The missed experiences can be educational, familial, or social.
Damages are divided into two main categories for figuring out personal injury compensation in personal injury cases. The first category is special damages and the second category is extra damages. The special damages category includes any medical bills of the victim and any repair bills that the victim had to foot to have their vehicle repaired if the injury occurred as a result of a motor vehicle accident. The extra damages category includes pain and suffering, emotional damages, and missed experiences. How does one put a price on their pain and suffering? Pain and suffering, in legal terms, are referred to as punitive damages. It is incredibly difficult for one to put a price on their pain and suffering but it must be done when determining their asking price for compensation from the defendant.
The greater the injury suffered in a personal injury case, the higher the payout will be for special damages. If the person injured in the case is going to be on long term disability then the compensation for the injury will be much higher. A claims adjuster involved in a case with long term disability will want to settle out of court quickly to avoid going to trial. A jury will want to award a high amount of money to the victim if they are facing long term disability. Also, if a serious long term injury is inflicted upon a child, a claims adjuster will increase the compensation because of future specials that need to be considered.