How is Personal Injury Compensation Calculated?

Determining the amount of compensation you are entitled to receive at the end of a civil lawsuit can be complicated. Knowing what numbers and what things to factor in often takes a talented personal injury attorney’s guidance. In most cases, compensation is calculated by adding both general damages and special damages together to create an accurate figure of what you may be entitled to.

The process of calculating personal injury compensation in West Virginia can be made easier with help from our team at Jan Dils, Attorneys at Law. We are ready to work with you on your case, so contact us today for more information or to set up a free consultation.

Special Damages

Special damages, also referred to as economic or out-of-pocket damages, are tangible losses with definitive values that can be calculated easily for the purpose of compensation. Common examples of special damages in personal injury claims include:

• Medical bills
• Lost income
• Physical therapy
• Counseling

Calculating special damages requires a local lawyer to gather documentation and statements from qualified parties.

General Damages

General or non-economic damages are subjective losses and can be very difficult to calculate. Examples include:

• Pain and suffering
• Emotional distress
• Lost enjoyment of life
• Disruption to daily routine
• Diminished earning capacity
• Future medical costs

Since there is no cost associated with these damages, an attorney would need to demand a compensatory award based on the severity of the injuries suffered, medical and vocational testimony, and statements made by loved ones and colleagues.

Punitive Damages

The court may decide to add on punitive damages in personal injury cases involving egregious negligence or wanton disregard. These damages are awarded to punish the defendant and deter others from acting similarly in the future, however state law caps them at $500,000 or four times the amount of compensatory (special + general) damages.

Ask a Personal Injury Attorney about How Damages Are Calculated

If you believe you are entitled to compensation and need help calculating what general and special damages you could claim, we are here to help. The experienced team at Jan Dils, Attorneys at Law, is here to help you calculate personal injury damages after an accident in West Virginia. Contact us today to learn more about the compensation calculation process and how we can help you.