How Are Personal Injury Damage Awards Calculated In Utah?
The amount of a personal injury damages you could receive is somewhat subjective, but easily predictable. The first time you meet your personal injury attorney he or she should be able to tell you if you have a winning case and how much money you may be able to recover. Damage awards are based on several factors including reimbursing you for any expenses.
If another person is responsible for an accident where you are injured the law says they are put you back in the place you were before the accident or as close to it as possible. You will not return to that place until your injuries are healed, so your settlement must include reimbursement of your medical expenses.
A settlement reimburses you for medical expenses rather than covering them up front because it is impossible to determine the cost of your medical treatment before you receive it. That is why your attorney wants you to see a medical professional as soon as possible, and why your attorney will wait until you have received most if not all of your medical treatment before trying to settle your case.
If any of your property was damaged, your settlement will include the cost of repair or replacement. For example: if you were injured in an automobile accident, your settlement may include the cost of car repairs or the cost of a new car.
If your injury prevents you from going to work, your settlement can include lost wages. If you are a primary caregiver your settlement can also include the cost of paying someone else to care for your children and home.
4.Estimated Future Medical Expenses
If your injuries are so severe that they will never go away, and you will continue to need medical treatment into the foreseeable future, your injury settlement can and should contain money to pay for your continued medical care.
5.Estimated Future Lost Wages
The same holds true for lost wages. If your injuries prevent you from working into the foreseeable future, your settlement should include money to compensate you for the wages you could have earned. Estimated future lost wages can also be added to your settlement if your injury allows you to work, but not at the same pay level as you were before the accident.
6.Pain and Suffering
In some cases, the injury award is determined using a general damages multiplier. The damages listed above like medical expenses are your special damages. If your accident included substantial pain and suffering you may be entitled to general damages. General damages are determined by multiplying your special damages by a number between 1.5 and 5 depending on your pain and suffering.