What Do the Courts Look At When Determining Compensation?

On Behalf of | Apr 23, 2019 | Car Accidents, Personal Injury |

Personal injury cases are always unique from the last one, but the court
system has decided there are specific injury damages that can be claimed
when cases are actually filed. While many injury claims are settled long
before they become a legal filing, the attorneys and benefits providers
use the court policy in determining an equitable settlement.

Financial damages resulting from a personal injury are assessed according
to the degree of negligence attributed to the party at fault, with those
being categorized as compensatory and punitive. Compensatory damages are
the standard financial awards, but punitive damages can also be assigned
by a jury following a trial in cases of gross negligence.

Knowing what can be claimed is vital to any compensation case, which is
why it is so important to have an experienced attorney like
The Law Offices of Tyler and Peery in San Antonio representing your case.

Medical Bills

The first element of a personal injury case is the special damage assessment
of the medical bills generated by the injury. This includes all medical
treatment appointments and procedures as well as compensation for rehabilitation
sessions, as well as those needed later on.

These recoverable items can be calculated by combining all documentation
resulting from medical treatment until the injury is rehabilitated as
much as possible to arrive at a total dollar amount.

Lost Income

Another special damage component of a personal injury is compensation for
the inability to work. When disabled individuals are injured, this may
not apply. For those who are unable to work, not only can the amount of
income missed by the injury be claimed, but those who can return to work
in a lower paying capacity can often claim compensation for the reduced
rate of pay had the injury not occurred.

Individuals who are not employed but are looking for work could also have
a reasonable claimable amount assessed for inability to work if it could
be obtained. For those who suffer long-term injuries or become disabled,
this could be a considerable amount of compensation when an entire career
is evaluated.

General Damages

The most valuable element of a personal injury claim is commonly the general
damage award for pain-and-suffering and ongoing physical problems associated
with the injury.

The seriousness of the injury and the age of the victim typically control
this benefit amount, and often general damages are the reason a plaintiff
attorney will opt to take a case to trial for whole damages when the insurance
provider is not willing the negotiate a claim settlement in good faith.
Punitive damages could also be the result of a jury trial when a sympathetic
jury finds the defendant guilty of gross negligence.

Contact The Law Offices of Tyler & Peery

Always remember that a personal injury claim can be much more valuable
than realized when all claimable items are evaluated for compensation.
Studies have shown that the typical injured victim can receive up to three
times more compensation with an attorney than without.

If you’ve been injured in the San Antonio area, don’t hesitate to call
The Law Offices of Tyler & Peery for seasoned and comprehensive representation. Our legal team will fight
in and out of court to help you obtain the full and just compensation
you deserve.