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Compensation In Personal Injury Claims

Compensation In Personal Injury Claims – What Can I Be Compensated for During a Personal Injury Claim? Today’s guest blog is by The Percy Martinez Law Firm in Miami Florida.

Every personal injury claim is unique. Even if two people may have been injured in the same type of accident, they will not receive the same amount of compensation. Furthermore, the amount a person will receive is determined by the jury or judge. In addition, there are deciding factors within a personal injury claim that will also determine how much the victim will obtain.

Personal Injury Claims

Compensation In Personal Injury Claims

Before establishing how much a case is worth, a plaintiff needs to understand exactly what they will be compensated for. In a nutshell, there are two types of damages a plaintiff could be awarded: calculable damages and non-calculable damages. So, what does that mean? Well, calculable damages are harms that resulted in damages that are able to be calculated. Some of those damages include:

  • Medical fees
  • Loss of earning
  • Future loss of earning
  • Future medical fees
  • Prescription costs
  • In-home assistance
  • Medical equipment

These are all damages that also have a price to them. Now non-calculable damages are more complex to award because there is no set formula for it. Typically, this type of damage will also vary from jury to jury. If they empathized with the plaintiff, then the plaintiff is more likely to receive more money. Some non-calculable damages include:

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of companionship
  • Loss of sexual intimacy

Compensation In Personal Injury Claims

These damages but do not have a price to them. Those in charge of awarding the victim will ask themselves these following questions to determine exactly how much the victim will obtain through non-calculable damages:

  • How painful was the injury that the plaintiff sustained?
  • How long will medical treatment be needed? Temporarily? For a few years? For life?
  • How much medical evidence does the plaintiff have for  his/her injury?
  • How long will it take the plaintiff to recover from their injuries, if ever?
  • Are the plaintiff’s injuries visible?
  • Are any injuries permanent?

These are just some deciding factors that will help the jury or judge determine how much they will award the plaintiff for their damages. Because every jury and judge can have a different perspective on the case and might see the plaintiff as likable or not. Therefore, knowing  exactly how much the plaintiff would receive through non-calculable damages is impossible.


Compensation for The Damages Sustained in An Accident

Regardless of how severe or minor the injury was, a victim can be entitled to receive compensation for either calculable or non-calculable damages. Before deciding to pursue the claim, the victim has to establish if it is worth filing. Whether the amount they will receive will outweigh the amount of money they will have to spend on attorney fees, a medical expert (if needed), expert witness (if needed), among other things. The team of personal injury lawyers in Percy Martinez’s office can help the victim determine the approximate amount that they could receive for their injuries. Consultation with them is absolutely free.

Compensation In Personal Injury Claims