A Guide To The Complexity Of Calculating Damages

Calculating Damages In A Personal Injury Claim

Personal injury damages in Kansas are calculated based on a combination of economic and non-economic losses you incur when you suffer an injury. The process of determining the compensation you and your attorney deserve involves several key factors:

Economic Damages

These are the measurable financial losses resulting from the accident and injuries. They typically include:

• • Medical Expenses

This includes the cost of medical treatment, hospital stays, surgeries, prescription medications, rehabilitation, therapy, and any other healthcare-related costs directly related to your injuries.

• • Lost Wages

Economic damages can also include compensation for income you have lost due to your injuries. This may involve past lost income, as well as an estimate of future lost earning capacity if your injuries have long-term effects on your ability to work.

• • Property Damage

If your personal property, such as a vehicle, was damaged in the accident, the cost of repairs or replacement can be included in economic damages.

• • Other Out-of-Pocket Expenses

This category can encompass various expenses related to the accident, such as transportation costs to and from medical appointments, assistive devices or home modifications necessitated by your injuries, and any other financial losses directly tied to the incident.

Non-Economic Damages

These damages are less tangible but equally important. They compensate for the pain, suffering, emotional distress, and reduced quality of life caused by the injuries. Non-economic damages can be more challenging to calculate precisely and often depend on the specific details of your case and the impact of the injuries on your life.

Punitive Damages

In rare instances, punitive damages may be awarded if the at-fault party’s actions were particularly egregious or involved gross negligence. Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future.

The process of determining the figure you deserve for the damages above involves the following steps:

Assessment Of Economic Damages

Your attorney will collect all relevant documentation and evidence related to your economic losses, including medical bills, pay stubs, property damage estimates, and other financial records. These documents will help establish the financial impact of the accident and your injuries.

Evaluation Of Non-Economic Damages

Calculating non-economic damages involves a more subjective analysis. Your attorney will consider factors such as the severity of your injuries, the pain and suffering you’ve endured, the emotional distress caused by the accident, and how the injuries have affected your daily life and relationships.

Negotiations

Your attorney will engage in negotiations with the at-fault party’s insurance company to reach a fair settlement. During these negotiations, both economic and non-economic damages will be taken into account.

Consideration Of Special Circumstances

In some cases, special circumstances may affect the calculation of damages. For example, if the injuries result in permanent disability, the long-term financial impact will be a significant factor.

Legal Strategy

Your attorney will develop a legal strategy to present a compelling case for the compensation you deserve. This may involve presenting evidence, consulting with expert witnesses, and making persuasive arguments to the opposing party or in court if necessary.

What Happens When You Can’t Get To A Reasonable Settlement

If you are unable to negotiate a reasonable settlement agreement with the insurance company, the next step in a personal injury case may be to proceed to trial. Going to trial is a formal legal process where a judge or jury hears the evidence, considers the arguments from both sides, and makes a decision on the outcome of the case.

Here’s an overview of what happens when a personal injury case goes to trial:

Filing The Lawsuit

To initiate the trial process, your attorney will file a lawsuit against the at-fault party (defendant) in the appropriate court. This document, known as a complaint or petition, outlines the details of the case, the allegations against the defendant, and the compensation sought.

Discovery

Both parties engage in the discovery process, which involves exchanging information and evidence related to the case. This phase may include depositions, which are sworn statements from witnesses and requests for documents; interrogatories, which are essentially just written questions; and other methods of gathering evidence.

Pre-Trial Motions

Before the trial begins, both parties may file pre-trial motions to address legal issues or disputes related to the case. These motions can involve matters such as the admissibility of evidence, dismissal of claims, or other procedural matters.

Settlement Negotiations (Continued)

It’s possible that settlement negotiations continue even after the lawsuit has been filed and during the pre-trial phase. In some cases, parties may reach a settlement agreement at any point before the trial begins.

Trial Preparation

If things continue to move in the direction of trial, Your attorney will prepare accordingly. This includes selecting witnesses, preparing exhibits, formulating legal arguments, and developing a strategy.

Jury Selection

If your case is to be decided by a jury, the process of jury selection takes place. Both sides, along with the judge, participate in selecting a panel of impartial jurors.

Opening Statements

Attorneys for both parties make opening statements outlining the key points they intend to prove during the trial.

Presentation Of Evidence

Each side presents evidence to support their arguments. This includes witness testimony, documents, photographs, and other exhibits. The plaintiff presents their case first, followed by the defendant.

Cross-Examination

Attorneys have the opportunity to cross-examine witnesses from the opposing side to challenge their credibility and the evidence presented.

Closing Arguments

Attorneys make closing arguments summarizing their case and attempting to persuade the judge or jury to rule in their favor.

Verdict

If the case is tried before a jury, the jury deliberates and reaches a verdict. If there is no jury, the judge issues a verdict.

Post-Trial Motions

After the trial, either party may file post-trial motions to request actions such as a new trial, modification of the judgment, or other legal remedies.

Appeals (If Applicable)

If either party is dissatisfied with the outcome of the trial, they may have the option to appeal the decision to a higher court.

Going to trial can be time-consuming and costly. Although it may be necessary to achieve a just outcome in your case, most personal injury cases are resolved through settlement negotiations before reaching the trial stage. Your attorney will provide guidance on whether proceeding to trial is in your best interest based on the specifics of your case, the strength of the evidence, and the potential risks and rewards involved.

For more information on Calculating Damages In A Personal Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 543-4500 today.