How Are Damages Calculated in Personal Injury Cases in Wichita?
Accident survivors often have no idea what compensation they can expect after an injury. While every case is different, all include certain elements that determine your final settlement.
How are damages calculated in personal injury cases? Your personal injury lawyer in Wichita, KS, can give you a detailed breakdown of what your settlement should include. Personal injury and wrongful death settlements generally consist of special and general damages. Punitive damages may also apply in some cases.
Special (Economic) Damages
Special damages, a.k.a. economic damages, include all the calculable losses the injured party suffered. Medical bills, lost wages, rehabilitation costs, and the expenses of traveling for medical care all fall under the definition of special damages.
If your case involves long-term injuries, economic damages may include future losses, like the medical treatment you will likely need throughout your lifetime and the loss of your earning potential. These may be more difficult to prove, so you’ll need a skilled attorney to help you present a solid claim.
General (Non-Economic) Damages
General or non-economic damages include your physical pain, mental anguish, reduced quality of life, and other losses that don’t come with a dollar value.
When discussing general damages, the answer to “How are damages calculated in personal injury cases?” depends on how long your recovery lasts. If your injury only has a short-term impact on your health, general damages usually translate into a set amount of money attached to each day you spend recovering.
In contrast, if you suffer a serious injury with far-reaching consequences, your lawyer will likely use the multiplier method. Under this method, you’d multiply all your calculable damages by a number from 1.5 to 5. The more severe your injury is, the higher the multiplier will be. For example, if your special damages equal $100,000 and your multiplier is 3, your total settlement would be $300,000.
Punitive Damages
Punitive (or exemplary) damages only apply to a small portion of personal injury cases in Kansas. Unlike special or general damages, the main purpose of punitive damages is to punish the offender rather than compensate the victim.
A court will only award punitive damages if the at-fault side showed willful, wanton, fraudulent, or malicious conduct. For example, you may be able to win punitive damages if you suffer injuries in a car accident that the responsible motorist caused while driving under the influence in a school zone without a valid license.
Planning To File a Personal Injury Claim? Call Larry Wall Trial Law
Hiring a personal injury attorney is an important step that may decide the outcome of your case. At Larry Wall Trial Law, we stand up for injured people’s rights in Wichita Metro and across Kansas. We’re here to answer all your questions, including “How are damages calculated in personal injury cases?” and work hard to ensure your settlement covers all eligible losses.
Call us at 316-265-6000 or contact us online to schedule a consultation. You only pay when we win.
