The calculation of damages in a personal injury case largely depends on the losses suffered by the injured party. Damages commonly include medical expenses for treatment of injuries, or the cost to replace destroyed property. However, damages can include so much more. If the injury kept you out of work, you can ask for lost wages. If you won’t be able to work in the future, you can ask for future lost wages, known as loss of earning capacity. Use the resources below to learn more about how economic compensation plays out in personal injury cases.
- Economic Recovery for Accidents and Injuries
A comprehensive overview of the kinds of damages that may be awarded in a personal injury suit. Learn about the loss of consortium, lost wages, mental anguish, pain and suffering, and much more.
- What Is a Damages Cap?
The federal government as well as the states have placed caps on non-economic damages, effectively limiting the amounts you can recover. This section offers an explanation of damage caps and how they’re applied.
Replevin is an action to return goods that are wrongfully held by another person or party, often used by creditors looking to repossess collateral. This section includes an overview of replevin laws as well as examples of situations in which replevin would be appropriate.
- Plaintiff's Duty to Mitigate Damages
An injured person usually has an obligation to take steps to help minimize the negative effects of his or her injury. That can include seeking necessary medical attention or returning to work if possible.
- Independent Medical Examinations
When an injury claim is made, the person at fault or the insurance company will usually require the injured person to submit to an independent medical examination (IME). Learn what an IME entails, the reasons for an IME, when IME can be ordered, and more.
- Damage Estimate Worksheet
When seeking damages, the victim in a personal injury suit is required to provide a detailed accounting of his or her expenses and losses. This worksheet will help you organize your known costs.