Calculating Personal Injury Awards
After a person has sustained an injury, they may take a liable party to court for a personal injury claim. Once the claim has been filed, the two parties can either negotiate a settlement amount to end the legal process or argue through a case to the point of resolution in a court judgment. If the case goes through the entire process to the point of granting the injured party an injury award, the sum can fluctuate depending on the circumstances of the case. The judge or jury may also consider the victim's physical and mental health before considering the amount to be awarded. Past medical history and other medical expenses are factors that will be weighed in to this decision as well.
The court can come up with some award sums according to the actual price of injuries and damages. Compensation for medical bills, in particular, is simple to calculate if the court only needs to deal with a condition or injury that has already been treated. This can become slightly more complicated if a court needs to calculate prospective medical costs, but, even then, an estimate can reasonably guide the award sum.
Similarly with medical compensation, compensation for lost wages can prove relatively simple to calculate. Given the amount of time lost by the worker and their current pay scale, a court can determine precisely how much money an individual has lost because of an injury. On the other hand, this can be difficult in situations where a person has lost the ability to improve at their career or job. In these cases, the court may use wages as a rough approximation.
Many portions of an award ultimately fall upon the whims of the judge or jury. These may include sums for a loss of enjoyment or loss of consortium, which is awarded when a person cannot keep up a spousal relationship. Additionally, pain and suffering often works in this way.
The help of a legal representative can help you go through your case and maximize the amount for settlement. A lawyer will be able to guide you through different options and be of assistance when pursuing your personal injury case.