When you are injured because of someone else’s fault or
negligence, the law provides that you can seek compensation from the negligent
party for economic damages (also known as special damages) as well as
non-economic damages (also known as general damages) suffered by you.
Special damages
Special damages can be classified as tangible costs incurred
such as the cost of current and future medical treatment and lost pay for having
missed attendance at work and future loss of pay. They could also be costs of
replacement and repair of damaged property and loss of items that cannot be
replaced. You or anyone can calculate these costs readily because there are
documents to prove the value. Typically, these damages are almost always paid
in compensation suits.
Calculation of special damages
Typically, you can
calculate special damages because the elements involved in the calculation are
quantifiable. You know the value of a property damaged and the cost of
repairing or replacing the damaged property. Likewise, if a property cannot be
replaced you can quantify the value of that property based on its purchase
value. Similarly, you know the number of days you are absent from work and how
much of wages you have lost. Further, you have the medical bills to prove the
cost of medical treatment. There would be an element of subjective assessment
in respect of calculating the cost of future medical treatment and future loss of
pay. Nevertheless, calculating special damages is reasonably quantifiable.
General damages
General damages can be classified as intangible costs such
as physical pain and suffering, disfigurement and impairment. These could also
include mental anguish and inferior quality of life. In the case of fatalities, other things could also be added such as loss of a family member’s presence. As
you can see it is difficult to put a monetary value on these damages. However,
in a lawsuit the jury can consider the cost of medical treatment, the future cost
of medical treatment, and lost wages and loss of future wages, and other
factors that contribute to pain and suffering. Besides, they can qualitatively
determine the level of pain and distress caused by the negligent act of the
person causing the accident. Based on these factors the jury could grant a
monetary award for general damages.
Calculation of
general damages
Calculating general damages is trickier because it has more
qualitative elements than quantitative elements. Here, the circumstances of the
individual become important. For instance, if you are a young person and the
injury has caused severe impairment which would diminish your chances of
earning promotions then you would be expected to be compensated for an opportunity
lost. If, on the other hand, you are an older person on the verge of retirement
then your future earning potential is severely limited. Thus, this person would
be compensated much less as compared to a younger person with similar injuries.
The same goes for pain and suffering. Apart from all these, the nature of the
accident, its severity, and its effect on the mental framework of the injured
person will also play an important role in arriving at a value for general
damages.
It is clear that getting personally injured in an event that
is not your fault is always traumatic. However, the law provides a means of
compensation through a personal injury claim against the person who was at fault
or negligent. You should consult a team of lawyers and the best way is to look
for reliable
personal injury attorneys in Zachary to advise you on the
merits of your case so that the persons at fault can compensate you for their
negligence appropriately. These lawyers are experts when it comes to injury
cases.