general article

Calculating Awards From Injury Claims

Calculating Awards From Injury Claims

Following an accident caused by a negligent individual, a person may have the right to pursue legal action against the party at fault if he or she has been injured. After filing a claim, these two parties enter into the early stages of personal injury litigation. Throughout this process, either side has the right to set up a settlement out of court, abruptly ceasing legal action. However, if the court is left to decide, they may opt to give the injured party an award.

These awards generally are calculated to compensate an individual for their injury and their suffering. Although the court can decide to add punitive damages if the liable party was particularly negligent or reckless in their actions, these funds mostly cover the cost of losses sustained. As a result, some of these figures can be more difficult to calculate than others.

In terms of injury compensation, a liable party may need to pay for any medical costs incurred because of their negligence. This can mean that a person may need to cover both the medical costs accrued from treatments already administered and from treatments still required. Although previous bills can simply be submitted for repayment, prospective medical costs may prove slightly more difficult to properly calculate.

In addition to medical costs, wage losses are a major part of compensatory payments. These can be easy to calculate by determining what an injured person’s current wages are and how many days of work they lost. Prospective costs, again, can prove more difficult to generate, but can use a fairly direct approach. However, if a court needs to determine what kind of career advancement was compromised because of an injury, they may need to use their individual judgment to come by this sum.

For more information regarding compensation calculation, contact a personal injury lawyer.