There are many factors and variables that go into calculating the value of your injury claim. The two categories for valuing bodily injury claims are based on (1) Economic damages A/K/A Special Damages and (2) Non-economic damages A/K/A General Damages.
- Economic damages are monetary expenses that directly arise because of your bodily injuries. Among other examples, these would include
- Past and future medical expenses; and
- Past and future wage loss.
- Non-economic damages are monetary compensation for both physical and mental pain and suffering. In addition, both past and future pain and suffering would be taken into account.
Some specific factors involved in determining the value of your damages include:
- Whether the injury is new or an aggravation of a preexisting condition or injury;
- Number of different areas of your body that were injured;
- Type of your injury such as soft-tissue injuries or demonstrable injuries such as broken bones;
- Severity of your injury including whether it is permanent or temporary;
- Whether you are suffering from any disability, impairment, or loss of function;
- Whether you have been disfigured;
- Length of time that you endured your pain and suffering physically or mentally or both;
- Loss in your enjoyment or quality of life; and
- Degree of capacity loss to work and earn a living