PERSONAL INJURY DAMAGES

Generally, it is difficult to set a dollar amount to a specific injury you suffer in an accident. There are numerous factors to consider when attempting to settle a personal injury claim: medical bills, pain and suffering, disfigurement, lost time from work, medical costs for ongoing injuries and the like.
In any action based on negligence, there must be an actual injury suffered. Normally, a plaintiff must show that they suffered some kind of physical harm. Recovery will not be allowed where only mental harm, and no physical harm was suffered. Once physical harm has been proven, Plaintiff may recover a variety of damages. These include, Direct loss: The value of any direct loss of bodily functions. Ex.: Actual monetary compensation for the loss of a leg. Economic loss: Out-of-pocket losses stemming from the injury. Ex.: Medical expenses, lost earnings. Pain and suffering: Damages for pain and suffering caused as a result of the injury. d. Hedonistic damages: Damages for loss of the ability to enjoy one’s prior life. Ex.: Compensation for loss of the ability to walk, even if loss of that ability has no economic consequences. Consciousness required: Courts are split about whether Plaintiff must be conscious of the loss in order to be able to recover damages. Some states do not allow hedonistic damages where Plaintiff is in a coma. Future damages: Plaintiff brings only one action for a particular accident, and recovers in that action not only for past damages, but also for likely future damages. Present value: When Plaintiff is recovering future values, courts generally instruct the jury to award Plaintiff only the "present value" of these losses. Periodic payments: Some states now allow Defendant to force Plaintiff to accept periodic payments in certain situations. These payments generally terminate upon Plaintiff’s death.