How Are Personal Injury Claims Calculated?

  • SumoMe

Please keep in mind that this article is general in nature because laws pertaining to personal injury claims vary from jurisdiction to jurisdiction. Please contact a personal injury lawyer about your claim.

Car accident claims start by pin-pointing applicable heads of damage.

What on earth are heads of damages?

Heads of damages are an approach to assess personal injury claims. Essentially they are the categories that are assessed such as past wage loss, pain and suffering and other categories (see below).

The following sets out common heads of damages in personal injury cases.

1. Pain and suffering

2. Past wage loss

3. Loss of future wages

4. Loss of earning capacity

5. Costs of future care

6. Special damages (a fancy way of saying “out of pocket expenses”)

Heads of damages details

1. Pain and Suffering

Pain and suffering is a head of damage that is intended to compensate you for your hurt, pain, discomfort, etc.

2. Past wage loss

If you can’t work after being injured, then you may have a claim to have those lost wages reimbursed to you. This is the past wage loss portion of your claim.

3. Future loss of earnings

If it can be determined with any certainty how long an injured victim will remain off work, there may be a loss of future income. That said, more often this head is considered in the loss of earning capacity head of damage. Future wage loss is used in the event it’s clear an injured victim will not ever work again, but was working at the time of injury. In this scenario, it’s a fairly straightforward calculation. Of course it’s made more complicated to incorporate raises and promotions the injured worker may have enjoyed had the injury not occurred.

4. Loss of earning capacity

This head of damage takes several factors into account to determine the total loss of income you’ll suffer. It includes, for example, your loss of competitiveness in your job industry as a result of your injuries.

5. Costs of future care and treatment

Cost of future care is compensation intended to pay for future care and treatment for the injuries sustained.

6. Special damages (a fancy way of saying “out of pocket expenses”)

If you spend your own money on items or care needed as a result of your injuries caused by the traumatic event, then you have a claim for special damages.

Quantifying the entire claim

As you can see, a fair amount goes into assessing a personal injury claim. Of course not all heads of damages apply to every case. Claims are assessed on a case-by-case basis..

Don’t be surprised if you need to obtain written opinions from treatment providers and doctors in order to get a thorough understanding of the applicable heads of damages.

Please keep in mind the above is general in nature. Some cases may involve all the heads of damages (and other more obscure heads of damages) while other claims may involve one or two of the heads of damages to assess the personal injury claim.

Be sure to talk to a personal injury attorney about your injury claim.

Next, schedule a free consultation with our personal injury lawyers in our Surrey Personal Injury Law Office.

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