If you have been injured because of the actions of another and are contemplating suing them, you may be wondering exactly how much your case would be worth. Courts take many factors into consideration when determining the amount of damages to award. Here are a few of those factors:
Actual Damages
The purpose of personal injury lawsuits is to compensate an injured person for the wrongful actions of another. If you win your case, you will be entitled to recover actual damages, or compensation for what you actually lost. When calculating actual damages, courts and juries consider the following things, among other factors:
- Medical expenses
- Lost income
- Lost future earning potential
- Pain and suffering
- Emotional distress
Your damages award will vary depending on how much you paid for your injury and how much your injury has affected your life.
Punitive Damages
In some cases, the court may wish to punish the liable party for particularly negligent, reckless, or bad behavior. If this is the situation in your case, you may be awarded punitive damages. The amount of money that you can get for punitive damages varies by jurisdiction, so be sure to check your local laws.
Comparative/Contributory Negligence
If the accident or event that resulted in your injury was even partially your fault, it may affect the amount of money you may be awarded. Most states use the principle of comparative negligence. Under this theory, each party is responsible for their respective percentages of fault. For example, if a jury finds that the injury was 30% your fault, the other party would only need to pay you 70% of the total damages.
A few states choose to use the principle of contributory negligence. Under this principle, if you are even partly responsible for your injuries, you will not be entitled to any damages at all. Check to make sure whether your state uses either contributory negligence or comparative negligence.
Failure to Mitigate
Another factor that may diminish the amount of damages you are entitled to is failure to mitigate damages. Any injured person has a responsibility to take any possible, reasonable actions to minimize the effects and damage from the injury. This means that you should do what you can to correct your injuries and not intentionally make your situation worse. If you do not mitigate your damages, you may not be awarded as much money at trial.
Proving Your Damages
Before you are awarded any money, you need to prove how much you are entitled to. Be sure to keep good records of all your medical expenses. If you are unable to work or have a decrease in wages due to your injury, be sure to keep documentation of that as well. Feel free to consult with a personal injury attorney, such as one from Stapleton Law Offices, as well. He or she will be able to help you calculate how much money you deserve for your injury.
