When you get injured due to another person’s negligence or fault, you can collect compensation by claiming personal injury damages. Similarly, if you are the cause of injury to other people, you end up paying the compensation from your own pocket. But how do you know what amount needs to be collected by the party at fault? Here is an explanation of how the damages in a personal injury case are assessed.
Types of damage claims
Before understanding the process of assessment, here is a look at the types of claims in a personal injury claim.
1. Monetary losses – You can claim compensation for monetary losses like medical expenses, loss of income because of temporary or permanent disability caused due to the injury, property repair or replacement and funeral expenses.
2. Non-monetary loss claims – Damages for non-monetary loss like physical and mental trauma and loss of consortium can also be claimed. The trauma that the victim is subjected to due to permanent disfigurement or loss of limbs can also be considered under this category.
3. Punitive damages – These damages are not to compensate any loss borne by the victim, but to punish the offender for the crime or misdemeanor committed.
4. Family member claims – In case of death or serious injury of a person, family members can also claim compensation. The expenses or losses covered under this include the actual expenses spent on treatment, loss of income of the person injured or killed, travel expenses for visiting the person inured, loss of income of family member taking care of the injured, and loss of care and companionship.
These claims, however, are settled reasonably, based on the seriousness of the injury and the severity of the losses.
Factors considered when assessing personal injury damages
The party that has been legally found to be responsible for the damages caused in an accident, or as a result of negligent behavior has to pay the victim or those who suffered in the accident. Among the most important things to consider for assessing the damages in a personal injury claim include the nature of injury, whether or not the injury has in any way affected the victim’s ability to work temporarily or permanently, monetary losses and additional expenditure on healthcare and treatment that might affect the overall lifestyle of the individual and property damage if any. Housekeeping and house maintenance expenditure can also be considered to assess the amount of compensation to be claimed.