We are often asked by a personal injury client at the beginning of a case, “how much is my case worth?” In order to answer that question, it is important to understand the different types of damages that an injured person may have suffered due to a tractor-trailer accident, defective product, slip and fall or a car accident. As personal injury attorneys, we will work with you to help determine how to calculate damages in your case.
Understanding the Types of Damages
Personal injury damages in Missouri lawsuits can be calculated based on economic damages and non-economic damages, also known as pain and suffering. Most personal injury claims include both types of damages in order to fully compensate a client for all of the harms and losses received in their injury.
What are Economic Damages?
Economic damages are normally based on amounts that are well-defined losses that were suffered as a result of an injury. For example, when a client goes to the hospital and receives a bill, that amount is considered an economic damage. A personal injury claim will have economic damages for past medical care. It may also include economic damages for future medical treatment that is reasonably certain to occur.
We are often asked by a personal injury client at the beginning of a case, “how much is my case worth?” or “how are damages calculated in personal injury cases?” In order to answer those questions, it is important to understand the different types of damages that an injured person may have suffered due to a tractor-trailer accident, defective product, slip and fall or a car accident. As personal injury attorneys, we will work with you to help determine how to calculate damages in your case.
Understanding the Types of Legal Damages
In Missouri personal injury lawsuits, determining how to calculate the damages depends on the economic damages and non-economic damages, also known as pain and suffering damages, that are involved in the case. Most personal injury claims include both types of damages in order to fully compensate a client for all of the harms and losses received in their injury.
What are Economic Damages?
Economic damages are normally based on amounts that are well-defined losses that were suffered as a result of an injury. For example, when a client goes to the hospital and receives a bill, that amount is considered an economic damage. A personal injury claim will have economic damages for past medical care. It may also include damages for future medical treatment that is reasonably certain to occur.
Loss of income is another common economic damage. Many people injured in accidents due to someone else’s negligence are not able to work while they receive medical care and attempt to recover. If a person misses work or has to use vacation time to recover, those economic damages are to compensate for lost income. A person who is permanently injured and is not able to return to work, or has to take a job with a reduced income, may be entitled to compensation due to a diminished earning capacity. A personal injury attorney will be able to help you determine how to calculate these damages for a case in Missouri or Illinois.
What are Non-Economic Damages?
Non-economic damages are often referred to as pain and suffering damages. They are intended to compensate an injured person for their non-financial damages. These specific damages can be a substantial portion of an injury claim. Most lawsuits in Missouri do not have a cap on the amount of pain and suffering damages, with the main exception of medical malpractice cases.
Non-economic damages are intended to provide compensation for:
- Pain and physical discomfort;
- Suffering and its impact on daily life;
- Diminished quality of life;
- Mental anguish, such as post-traumatic stress disorder (PTSD), anxiety or depression; and
- Disfigurement and scarring.
While every case is different, here are some factors that are considered by personal injury attorneys, insurance adjusters, and jurors in deciding how pain and suffering is calculated in a personal injury case:
- Type of injury;
- Severity and permanency of the injury;
- Duration of medical care;
- Impact on daily living; and
- Hobbies that are no longer enjoyed.
How to Calculate Damages for Pain and Suffering
There is no magic formula to determine how to calculate damages following a personal injury. A claim for pain and suffering can only be properly evaluated by an attorney or law firm that has experience, knowledge and a full understanding of a client’s situation.
When MHM handles a case, we get to know our client, not just their claim. We have used a variety of techniques to get maximum recoveries for our clients that go beyond medical bills. For example, our personal injury attorneys have prepared “day in the life” videos to demonstrate how a paralyzed client was restricted in his house or recreated truck accident scenarios with trained professionals. We have also learned stories from “before and after witnesses” – such as co-workers, religious members, neighbors, family and friends – to show how a client’s life has changed due to an incident.
The Value of a Personal Injury Attorney
At MHM Legal, our attorneys have over 70 years of experience handling personal injury cases, assessing how to calculate damages and success in trials in the City of St. Louis, St. Louis County, Jefferson County, Franklin County and throughout Missouri. We have also handled cases throughout the Midwest, including Illinois, Arkansas and Kansas. If you need help determining how damages are calculated in personal injury cases, contact us today to form your case.