Accidents can disrupt your life in ways you never expected, often resulting in medical bills, lost wages, or property damage. Through a personal injury claim, you have the chance to seek compensation for these setbacks. Damages in these cases can ease both the physical and financial strain caused by the incident. Understanding what you can claim and how to calculate what you’re entitled to helps you protect your rights and move forward with your life. Call our personal injury law firm in Washington D.C. for legal help on your case at (202) 919-5453.
Economic Damages: These damages cover the direct financial losses you experience from the accident. They can be calculated by looking at actual losses or expenses. They most often include:
- Hospital and doctor bills
- Therapy bills
- Prescription costs and medical devices
- Physical therapy and long-term care expenses
- Lost wages or loss of earning capacity
Non-Economic Damages: This category addresses the more personal toll an accident takes. There isn’t a way to put an objective number on these losses. They often include:
- Pain and suffering
- Emotional trauma, such as anxiety or depression
- Loss of companionship or benefits of family relationships
Punitive Damages: In certain situations involving severe negligence or misconduct, a court might order punitive damages. The goal of these is to punish the responsible party and discourage similarly careless or reckless actions in the future. In Washington, D.C., punitive damages are awarded when:
“The defendant acted with evil motive, actual malice, deliberate violence or oppression, or with intent to injure, or in willful disregard for the rights of the plaintiff and the defendant’s conduct itself was outrageous, grossly fraudulent, or reckless toward the safety of the plaintiff.”
Punitive damages are rare in personal injury cases, but they can be awarded in some situations.
Calculating Non-Economic Damages
When seeking compensation for non-economic damages, like pain and suffering, courts and Washington D.C. accident attorneys use certain methods to calculate these subjective losses. Understanding these methods can help victims feel more informed as they pursue justice. Two common methods include:
Multiplier Method
The multiplier method is a commonly used approach to estimate non-economic damages. This involves taking the total economic damages – such as medical bills, lost wages, or other tangible expenses – and multiplying that amount by a number, known as the multiplier. The multiplier typically ranges from 1.5 to 5, depending on the severity of the injuries and their impact on the victim’s life, with 1.5 being the least severe and 5 being the most severe.
For example, if someone incurred $10,000 in economic damages and their injuries were deemed moderately severe, a multiplier of 3 might be applied. This would result in $30,000 being awarded for non-economic damages. Factors influencing the multiplier include the duration of recovery, the extent of pain and suffering, and the long-term effects on the victim’s quality of life.
Per Diem Method
The per diem method is another approach used to calculate non-economic damages. This method assigns a specific monetary value to each day the victim experiences pain or hardship due to the injury. That daily rate is then multiplied by the total number of days the injury has affected the victim’s quality of life. The daily value is often based on the victim’s daily earnings or a reasonable estimate of what their suffering is worth.
This approach can be particularly effective in cases where injuries have a clear timeline for recovery or a defined period of impact.
If you have any questions about what you may be entitled to after a car or truck accident, contact us today to schedule a free consultation with a personal injury lawyer.