How Your Losses Are Determined In A Personal Injury Lawsuit
When you have been injured because of the negligence or purposeful intent of a responsible party, you have the right to file a personal injury lawsuit. In order to have a viable lawsuit, you have to be able to establish that you have suffered losses because of your injuries. These losses are divided into two categories, losses that you can measure, and losses that you can't quantify. To determine your final compensation for a personal injury claim, the judge will look at both categories of losses and come up with a final number for your reward if you win your lawsuit.
Losses that You Can Measure
Losses that you can measure are also called pecuniary losses. These type of losses are easy to calculate as each loss has a numeric value. Typical pecuniary losses include loss of income from being out of work because of your injury, medical bills because of the accident, and costs associated with repairing any property that was lost or damaged because of the accident. If you win a personal injury lawsuit, you will be compensated for the pecuniary losses that you are able to prove. This can be done by providing the medical bills, pay stubs, and repair bills for all of your property losses.
If you are permanently disabled and no longer able to work, your future earnings can be estimated, and they are considered a pecuniary loss.
Losses that are Difficult to Establish
When you have losses that are more difficult to measure, these losses are called non-pecuniary losses. For example, if you now have a permanent injury, you may establish that this injury is keeping you from enjoying your life. You may have suffered greatly because of your injuries. While it is difficult to measure pain and suffering, a judge will look at the severity of your injuries, your recovery time, and the expected medical end of your healing process. In general, the more serious your injuries are, the higher your payout will be for non-pecuniary losses.
Loss of consortium is another non-pecuniary loss, and this is often used when a person is no longer able to enjoy a healthy relationship with a spouse because of their injuries. Overall, the pain, suffering and future loss of function are all taken into consideration when a judge sits down to determine your financial compensation.
If you have been hurt in an accident and you aren't sure what to do, now is the time to contact a personal injury attorney who can help.