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Damages in Personal Injury Cases: How to Compute and Evaluate

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Sustaining a personal injury can have devastating physical, emotional, and financial consequences. When such injuries are caused by the negligence or wrongdoing of another party, the injured individual may be entitled to compensation for their damages. However, accurately computing and evaluating damages in a personal injury case can be a complex process. In this article, we will discuss the key factors involved in determining overall damages and provide guidance on how to achieve a fair starting point for negotiating with insurance companies.

Understanding the Types of Damages

In personal injury cases, damages typically fall into two categories: special damages and general damages. Special damages refer to the specific financial losses incurred as a direct result of the injury, such as medical expenses, property damage, lost wages, and rehabilitation costs. These damages can be quantified with relative ease, as they involve concrete monetary figures.

On the other hand, general damages pertain to the non-monetary losses suffered by the injured party. These may include pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life. Calculating general damages is more subjective and involves considering various factors, including the nature and severity of the injury, the impact on the individual’s daily life, and the long-term effects of the injury.

Evaluating the Extent of the Injury

To compute damages accurately, it is crucial to thoroughly evaluate the extent of the injury. This process may involve consulting medical professionals, reviewing medical records and reports, and seeking expert opinions. The medical evidence will help establish the severity of the injury, the necessary treatments, and the expected long-term impact on the individual’s physical and mental well-being.

Assessing the Impact on Daily Life

The impact of the injury on the injured person’s daily life plays a significant role in determining general damages. Factors to consider include the pain and suffering endured, limitations on physical activities, emotional distress, loss of enjoyment of life, and any permanent disabilities or disfigurements resulting from the injury. Testimony from the injured individual, as well as statements from family members, friends, and medical professionals, can provide valuable insights into these aspects.

Consultation with Experienced Personal Injury Attorneys

Navigating the complex process of computing and evaluating damages in a personal injury case requires expertise and legal knowledge. Consulting with experienced personal injury attorneys can help ensure that your rights are protected and that you receive fair compensation for your losses.

Gash & Associates, P.C.

If you have been injured due to the negligence of another party, do not hesitate to reach out to Gash & Associates, P.C.

Our compassionate team is ready to provide you with personalized attention and guidance, helping you navigate the complexities of your personal injury case. By enlisting our services, you can focus on your recovery while we handle the legal aspects on your behalf.

Call Gash & Associates, P.C. today at (914) 328-8800 to schedule a free consultation and take the first step towards securing the justice and compensation you deserve.