Auto accidents can have devastating effects on individuals and their families. Besides the immediate shock and physical injury, there are often long-term financial, emotional, and psychological impacts. It’s essential to understand how to calculate damages in an auto accident case to ensure you receive the compensation you’re entitled to. This comprehensive guide will take you through the various aspects of calculating damages, from medical expenses and lost wages to pain and suffering.
Detailed Medical Expenses
Medical expenses are the most tangible and straightforward damage to calculate. These include all costs related to medical care following the accident, from the immediate emergency response to long-term rehabilitation.
Emergency room visits, surgeries, medication, diagnostic tests, hospital stays, and physical therapy sessions all add to this total. It’s crucial to keep detailed records of all medical expenses, including bills, invoices, and prescriptions. But medical expenses are not limited to the bills you’ve already paid. If your injuries require ongoing treatment, future medical expenses projected by medical professionals should also be factored into your claim.
Lost Wages and Lost Earning Capacity
When you’re injured in an auto accident, you may be unable to work either temporarily or, in severe cases, permanently. The wages lost during your recovery period should be included in your claim. To calculate this, you’ll need documentation of your regular wages or salary and the amount of work missed due to the accident.
However, the calculation doesn’t stop at the wages lost to date. If your injuries limit your ability to earn in the future, you can also claim for lost earning capacity. This calculation is more complex, considering factors like your age, skills, occupation, and the income you would have earned if the accident had not occurred.
Pain and Suffering
Unlike medical expenses and lost wages, pain and suffering cannot be easily quantified as it deals with emotional and physical discomfort caused by the accident. The severity of injuries, the type of medical treatment required, the length of recovery, and any lasting impairment are all considered in this calculation.
There are generally two methods to calculate these non-economic damages. The multiplier method involves multiplying your total economic damages (medical expenses and lost wages) by a certain number, typically between 1.5 and 5, depending on the severity of the injury. The per diem method assigns a daily dollar value to the victim’s suffering from the day of the accident until reaching maximum recovery.
Additional Damages
Beyond medical expenses, lost wages, and pain and suffering, other compensatory damages may also apply to your case. These can include property damage, the cost of hiring help for tasks you can no longer perform due to your injuries, loss of enjoyment of life, and loss of consortium (the impact on relationships with your spouse or family).
Each of these elements requires thorough documentation and sometimes the support of expert witnesses to establish the full extent of these damages.
Your Justice is Our Passion
At Gash & Associates, P.C., we understand the overwhelming challenges you face following an auto accident. Our dedicated, compassionate team is committed to providing personalized service and the most robust representation possible. We work tirelessly to ensure justice for our clients and have a strong track record of achieving significant results.
Don’t attempt to navigate the complexities of a personal injury claim alone. Let us help you calculate the damages you’re entitled to and fight tirelessly for the compensation you deserve. Call Gash & Associates, P.C. at (914) 328-8800 today to schedule a consultation. Your justice is our passion, and we are ready to turn that passion into results for you.
