How Your Losses Are Determined in a Personal Injury Lawsuit


The extent of your injuries and the subsequent losses are carefully considered when you are awarded financial compensation in a personal injury lawsuit. Once you have established a strong case and you win, coming up with a dollar figure to give you the money you deserve takes some thought. There are obvious losses, such as lost wages when you can't work, or property losses, such as damage to your car. Then there are those losses that are hard to quantify. The amount of pain you have suffered and future losses due to your injuries are also factored in. There are times when your pain and suffering can significantly raise your award if you win.

Figuring Out Basic Losses First

Think about all of your measurable losses first to establish a good baseline. Any time you have missed from work, property damage, paying for transportation to treatment, and even paying for treatment can all be considered measurable losses. Look for receipts for anything you have paid for because of your injuries, and save pay stubs to make calculation easier. 

Establish Your Pain and Suffering

Pain is different from person to person. In order to establish your level of pain and how much you have suffered, you will need to work with your treatment providers. In general, if your injuries are severe, your pain and suffering compensation should be higher. Your treatment team will be able to testify on your behalf, offering professional advice as to the extent of your injuries and whether you have reached a medical end to treatment. If you are going to be permanently disabled because of the accident, this is also calculated into your total losses.

Managing Your Injuries 

As you go to treatment providers, pay attention to the advice they are giving you. When you skip appointments or you don't comply with treatment, it will appear as if you aren't truly injured. To heal from the injuries you have sustained, you must work closely with your treatment team and don't give up with following through with all referrals. Even if you believe you are at a medical end to treatment, this may not be the case.

Establishing your losses is vital to your personal injury case. When you work with your treatment providers, they are able to provide evidence to the court of your injuries and your expected level of recovery. Your pain and suffering will be quantified, and your direct financial losses are added in. Speak to a personal injury attorney for more information.

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