Personal Injury Damages Calculations

In a personal injury case, compensation is based on the total harm you’ve suffered, and that starts with accurate personal injury damages calculations. 

Whether you’ve been hurt in a car accident, slip and fall, or another type of incident, you may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and more. By adding these losses together, you can begin to understand the potential value of your case.

At Rosenfeld Injury Lawyers, we’re frequently asked how damages are calculated in personal injury claims. By understanding how courts and insurers approach these valuations, you can better anticipate what a fair outcome might look like. Book a free consultation with a personal injury attorney in Chicago today.

Types of Damages in Personal Injury Cases

Every claim in your lawsuit must be filed based on the type of damage it is. There are two main types of damages: economic damages and non-economic compensatory damages. There is a key difference between the two, and it can have a big effect on the outcome of your case. 

Economic Damages

Economic compensatory damages include any damage that has a fixed cost to it. A good example of this is medical bills, like doctor visits or emergency room costs. For these, your lawyer requests a copy of the bill or invoice, along with medical records, to show why that bill was necessary. 

There are many types of damages that you can seek in personal injury claims or lawsuits. Some of the most common options include:

Medical expenses: The current and future costs of medical treatment, including doctors, ER visits, physical therapy, and other ongoing medical expenses. 

Lost income: The income that you lost from being out of work during your recovery, including wages and other lost profits. 

Lost future earnings: Income that you cannot earn because you are unable to return to work, must change jobs, or are otherwise unable to earn as much as you would have before the incident. 

Property damage: Damage to your property, such as a car in an accident, cell phone, clothes, and other personal property that needs to be repaired or replaced. 

When trying to determine how much you can receive in monetary compensation for your personal injury claims, start with the economic damages. Simply add up the cost of all of the financial claims for the case and use this as a starting point. 

Non-Economic Damages

Non-economic damages are any damages that do not have a fixed cost. These are the claims that can vary significantly in value from one case to the next, making it difficult to give you an estimate of what you can expect to win in compensation.  

A good example that you have likely heard of is claims for pain and suffering. Your lawyer must contextualize how much the incident and the resulting damages impact your life in a negative way. Simply put, they have to quantify and qualify your pain and suffering after the accident. 

There are other damages that you can claim, including: 

Loss of Enjoyment of Life: Being unable to fully enjoy your life in the same way since you were injured.

Loss of Consortium: The loss of familial relationships, usually the loss of a spouse, and the emotional distress that falls on a family. 

Disfigurement and Scarring: Being physically deformed in a way that impacts you emotionally, mentally, and physically. 

You have to work with your lawyer to gather evidence for these claims since there are not physical records to collect. Reports from mental health professionals and counselors can help, as well as testimony from family members and other people close to you. 

Punitive Damages

In some cases, a judge may award punitive damages, which can significantly increase the value of your compensation. As opposed to compensatory damages, punitive damages are awarded as a means of punishing the liable party when they acted so outrageously that the judge feels that further punishment is warranted. 

A good example of this is when an aggressive driver with several previous cases resorts to road rage over a perceived incident and causes a major accident. Since he has prior cases with similar circumstances, the judge may determine that he needs to be taught a more severe lesson and award punitive damages. 

Methods for Calculating Damages

Every client wants to know what they can expect to receive in damages for their case. The truth is that there is no way to give anyone an accurate figure for what their compensation will be. Every case is different, but there are a few things that you can do to calculate your personal injury compensation amount. 

Calculating Economic Damages

Start by calculating economic damages. Since you have fixed amounts for each claim, add them all together. This gives you a starting point for further calculations. 

The key to making your economic damages estimates accurate is record-keeping. You have to be meticulous with your records because any variation in what you include in the claims can change the calculations a lot. 

Once the case is settled, you can’t go back and add more claims for damages that you forgot to include. You will be left to find a way to pay for those expenses without the chance to seek reimbursement. 

Calculating Non-Economic Damages

Calculating non-economic damages is much harder since you won’t know the final amount for each claim until you go to court or until the case is settled. You can use estimates based on similar cases that your attorney has handled in the past as a means of assigning a value to each claim. 

Factors That Can Affect Damage Awards

No matter what you think a damage claim is worth, the actual payout for each claim can change based on several factors. Factor those possible changes into your settlement negotiations to make sure that you receive enough compensation to cover your needs. 

Comparative Negligence

Under 735 ILCS 5/2-1116, comparative negligence is a framework where the court assigns fault to both parties based on their actions. Then, your compensation is reduced proportionally. For example, you receive a 30% reduction in your overall compensation if you are found to be 30% at fault. If you are 50% at fault or more, then you may not be able to collect compensation at all. 

Mitigation of Damages

Another important factor is the process of mitigating damages. It is your responsibility to take action to keep your damages under control. That means taking action like seeking medical attention immediately and adhering to the doctor’s orders so that you don’t make your injuries worse. 

Insurance Policy Limits

Every insurance policy has limits on how much it is supposed to pay out after an accident. Those limits can put a cap on how much you are offered in a settlement. 

This can limit the liability of the insurance company, but you may be able to take action against both the insurance and the at-fault party to cover the difference in how much compensation is fair. That way, a driver being underinsured doesn’t become a major problem for you. 

Pre-Existing Conditions

If you have a medical condition that predates the accident, the at-fault party may argue that it should be excluded from the lawsuit. However, you may be able to argue that your pre-existing condition was made worse because of the accident. 

A personal injury lawyer can collect evidence, like medical records and expert witness testimony, to show that your damages are connected to the accident. 

The Role of an Experienced Personal Injury Lawyer in Damages Calculations

Experienced personal injury lawyers play an important role in estimating damages. Their previous experience gives them some insight into how cases can be resolved and how to negotiate settlements in your favor. 

Thorough Investigation and Evidence Gathering

Your lawyer’s first focus is on gathering evidence and investigating the case. The level of detail and thorough investigation your lawyer brings to the case can be the difference between receiving enough compensation and being underpaid for your needs. 

Lawyers excel at collecting evidence from many sources to build a strong case, and their investigative skills are invaluable to your case. 

Expert Witness Selection and Coordination

Lawyers are also responsible for choosing expert witnesses and getting them to court when they are needed. Expert witnesses have the ability to turn a case around based on their testimony, which is why it is important for your lawyer to thoroughly vet and pick the right experts to participate in your lawsuit. 

Negotiating with Insurance Companies

One of the most important things that your lawyer does is negotiate with the insurance companies. Their adjusters are skilled at reducing the amount of compensation that they pay out on claims. Your lawyer is the best counter to their efforts since lawyers are skilled negotiators who work well under pressure. 

Presenting a Compelling Case at Trial

Finally, your lawyer needs to be ready to present a compelling case at trial. While many cases settle out of court, your case may not. It’s the threat of going to trial and getting a much worse outcome that motivates insurance companies and at-fault parties to try to settle quickly. 

Having a lawyer who can win your case at trial gives you a stronger negotiating position, but also gives you another option if negotiations fail. 

Expert Guidance for Your Legal Case

Dealing with damages like medical bills and lost wages after an accident can offer you relief if you can take legal action and collect compensation. The key to doing it successfully is working with a personal injury attorney.

At Rosenfeld Injury Lawyers, we represent clients who are injured because of other people. Not only does our previous experience cover winning cases for clients, but it also means that we have the experience to estimate the potential damages and compensation in your case. 

Book a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. Let us analyze your case and help you better understand the potential compensation that you could win.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.