Mass Black Judge

Calculating the value of a personal injury claim requires two main categories of damages: special and general. Special damages cover medical expenses, property damage and lost wages while general damages cover other forms of losses as well.

Economic losses (also referred to as pain and suffering) are relatively easy to calculate, while your lawyer will use either the multiplier or per diem method when it comes to non-economic losses (also referred to as non-economic damages).

Economic Damages

Economic damages refer to losses with tangible financial implications such as medical bills, the cost of repairing or replacing property damaged in an accident, lost wages and out-of-pocket expenses such as child care. They are relatively easy to calculate and are usually supported with receipts or records of expenditure. Economic damages also cover future costs including expected earnings loss, future care needs or recreation activity loss.

Economic damages are among the easiest to calculate in personal injury claims and it can be made more straightforward by documenting expenses as quickly as possible after an accident occurs, helping demonstrate their authenticity and avoid claims by insurers that expenses are being exaggerated.

Non-economic damages, commonly known as “pain and suffering” compensation, are more difficult to assess. Their purpose is to compensate victims for personal losses such as disruption to their life or pain they have endured resulting from injuries suffered in an accident, with the amount based on multiple factors like severity and nature of injuries sustained.

Consultations with experts may prove useful when calculating non-economic damages. Their expertise will allow you to come up with an approximate figure which can then serve as the starting point in negotiations.

As soon as an accident has taken place, the most crucial step should be visiting a doctor as quickly as possible and maintaining records of appointments, referrals, prescriptions and any other pertinent medical documents that form part of your claim and will factor into calculating medical special damages.

Once a doctor has assessed your injuries, they can provide advice and guidance as to the best ways to document and prove any future loss of earning potential, cost of care, rehabilitation expenses, recovery timeframe and impact to quality of life as a result of injury. This can provide credibility to any estimate of noneconomic damages and also give an insurance company an idea of the extent of injuries suffered and support necessary in future.

Certain personal injury cases may involve punitive damages as part of their compensation awards, in order to punish and deter future conduct similar to what occurred here. However, this form of injury must meet very stringent criteria; only awarded when evidence exists to show malice, willful misconduct, wantonness or fraud occurred against defendant. Unfortunately this category of award rarely appears in personal injury suits.