Damages in Personal Injury Cases

August 10, 2019 — by John Conger
Tags: Personal Injury

Pile of billsA personal injury can have devastating consequences for the victim. When an injury occurs, a personal injury attorney seeks damages for the client. Damages come in the form of financial compensation. Unfortunately, many losses are difficult to quantify or translate into a dollar figure.

At Shore, McKinley, Conger & Jolley, LLP, in Stockton, CA, our personal injury attorneys have a great understanding of the financial, physical, and emotional toll that injuries can take. We explore all potential sources of damages in personal injury cases to fight for the maximum compensation for our clients.

Medical Expenses

Medical expenses are the most common source of damages in a personal injury case. If another person or party is responsible for an accident and resulting injuries, they can be held accountable for all bills that are related to those injuries.

Medical expenses include the cost of all diagnostic testing, treatment, rehabilitation, and any necessary medical devices or equipment. It is also important to note that defendants can be held responsible for not only the medical expenses that a plaintiff has already incurred, but also those that they anticipate in the future. Our attorneys can help calculate the anticipated cost of future medical care so that our clients are not left to deal with future financial struggles.

Lost Wages

Lost wages are also considered damages in personal injury cases. Many injury victims will need to take time off work to recover from injuries. If they require lengthy medical care, they may not have enough sick time to cover their wages while they are out of work. Defendants in a personal injury case can be held liable for all lost wages, including those that were covered by sick pay or other sources of paid leave.

In some cases, injuries are so severe that victims are incapable of returning to work, or they can alter the victim’s ability to perform certain duties. When calculating lost wages, our attorneys will also take into account any loss of future income, or any changes in our client’s wage-earning ability.

Pain and Suffering

It is not easy to put a price tag on the physical pain and suffering caused by an injury. However, it is important that injury victims be compensated. Our attorneys will fight to get clients a financial settlement that recognizes the pain they have and will endure. In many cases, we calculate this amount by multiplying the cost of all financial losses by an agreed upon number (which often falls between .5 and five).

Emotional Trauma

Many injuries cause emotional trauma or stress in addition to physical pain. Again, it is not easy to put a price on emotional suffering, but it is important to seek financial compensation for this type of damage. If a plaintiff is diagnosed with post-traumatic stress, or has psychiatric records to prove emotional distress, our attorneys will seek damages.

Punitive Damages

In certain personal injury cases, punitive damages may be available to our Stockton clients. Punitive damages are paid to the plaintiff, and they are meant to serve as a punishment for the defendant. Punitive damages are typically only rewarded in cases of especially egregious behavior, and are intended to deter the responsible person or party from committing similar actions in the future.

Contact Us

If you or a loved one has been injured and you believe that another person or party is at fault, you may be due financial compensation for damages. To learn more about your legal options, contact the attorneys at Shore, McKinley, Conger & Jolley, LLP, or call (209) 477-8171 to schedule a personal consultation.