One of the most common questions we get at the Dashner Law Firm is, “How much is my personal injury case worth?” The answer is not simple. Personal injury cases vary in their worth depending on the damages that have accrued and also whether the plaintiff’s conduct contributed to the damages. That type of calculation varies on the facts of each case. Here is a brief overview on how damages are calculated in personal injury cases. If you have specific questions about the worth of your case, you need to consult with a knowledgeable attorney.
There are a few different types of damages awarded in a personal injury case. The majority of damages are classified as “compensatory” damages. These damages aim to compensate the injured party for the damages they suffered stemming from the accident. The types of compensatory damages you would see in a personal injury case include:
- Medical bills
- Lost Income
- Property damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
While the person who caused the accident may be found negligent, the injured party may also be found to be partly to blame. Many states take this into consideration when calculating an award for damages. Each state has a different rule on how they handle contributory negligence.
The majority of states follow a rule that if you were more than 50% responsible for your accident, you receive nothing. Then after, you receive your award minus your percentage of fault. For example: if you are awarded $100,000, but you were found to be 20% responsible for your accident, you would receive $80,000.
Calculating personal injury cases is incredibly difficult and complex. The best way to find out how much your case is worth is to talk to an experienced personal injury attorney. Call Dashner Law at 972-793-8989 or 817-864-9980 today to schedule your initial consultation.