Seven Elements of Damages and What They Entail

Seven Elements of Damages and What They Entail

Personal injury lawsuits exist to help the injured person in an accident involving negligence.  Since one cannot travel back in time and undo the act, the system attempts to make the person whole through compensation awards. The jury is typically responsible for fully and fairly compensating a plaintiff for damages due to another’s negligence.

However, knowing how much your case is worth can be challenging, especially if you do not understand the legal system. This article explains the damages that determine the evaluation of your case’s worth.

Bodily Injuries and Their Effect on the Victim’s Health

The first element of damages compensate the injured party for physical injuries, their severity, and how long their symptoms persist. Typically, the longer it will take the injuries to heal, the higher the value of the compensation. 

• Past and Expected Physical Pain and Mental Anguish

This element covers mental anguish and physical pain, which are distinctly different. Physical pain refers to the physical part of the body hurting, while mental anguish is the mental stress caused by the injury. For example, if a plaintiff has a broken leg, the ache and discomfort are physical pain. The worry, anxiety, and stress they feel about their status are characterized as mental anguish.

Past and Future Medical Expenses

The plaintiff is eligible for compensation for their medical bills, even if they have health insurance. A health insurance carrier will likely claim a subrogation lien and demand to be reimbursed for medical bills paid related to the accident upon settlement. 

Diminished Earning Capacity and Loss of Earnings

This element compensates the injured party for any wages they will lose because of their injury. Additionally, it recognizes specific injuries, such as a brain injury, which will likely affect the amount of money the injured individual can earn in the future. Thus, while they can work, they may not be able to return to their previous job or work for the same length of time.

Loss of Any Earning Due to Inability to Work

This element compensates plaintiffs for lost wages suffered due to the injuries they sustained and their treatment. For instance, a plaintiff who uses his paid time off to receive compensation is still eligible for that missed time. This is because paid time off is a benefit accrued over time, and compensating for it will make them whole again.

Past and Future Inconvenience

This element covers compensation for the plaintiff’s inconvenience, which refers to interruptions to their daily schedule due to their injury. To determine the extent of the plaintiff’s inconvenience, a jury will review the number of times they visited a medical provider. Also, the jury will consider the type of injury when considering the extent of the plaintiff’s inconvenience.

Other Factors

Other factors determining compensation are the plaintiff’s gender, age, occupation, marital status, and permanency of the injuries. 

Conclusion

Accurate calculations of how much your personal injury case is worth will require the professional help of an expert. Your lawyer will have connections to the right experts to help you evaluate your damages.