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How to Calculate Damages for your Personal Injury Lawsuit

By Edited Feb 10, 2014 0 0

If your loved one sustained serious injuries in a car accident, you can do something to help recover his/her losses. One way is to file a Personal Injury lawsuit. It will help you recover damages for medical expenses, loss income, and emotional loss.

Personal Injury requires a formal litigation and you will have the opportunity to prove that the negligent act of the driver caused the injuries. It needs evidence to prove the negligent act by showing photos from the accident scene, medical records, and witness statements.

When you are about to set the amount for the damages that you want, you will have to consider the medical expenses, loss income, and emotional loss.

Medical expenses include doctor's professional fees, laboratory exam, medicines, emergency room and board fees, medical supplies, and physical therapy. Preserve and gather all the receipts and tabulate the items per category. Attach the receipts along with the typewritten summary.

Loss Income or Loss Earnings is much difficult to determine. You can follow these methods:

1. Get the average income that your loved one is earning per month. To get this, look for the highest earning quarter from the copies of paycheck or pay slip within the past 12 months. Use averaging to get the monthly income.

2. In case of a Workers' Compensation claim, the employer will determine your weekly salary based on your hour rate and will pay the weeks that you miss work due to work-related accident.

3. If your loved one has no fixed income, get the sum of income earned for the past 12 months and get the average monthly income. However, you still need a basis for this such as paychecks, pay slip, or voucher from commissions.

4. If your spouse is a businessman, calculated the projected income from sales based on past performance, projects, and contracts. You will have to evaluate how much would your spouse has earned if the accident has not happened.

You can also use your computation for medical expenses and loss income if you prefer to file an insurance claim against the defendant's vehicle insurer.

Emotional loss- Usually the court allows the plaintiff's lawyer to double or triple the sum of medical expenses and loss income to get the emotional loss.

Remember that you have to back up all your statements and allegations with credible and substantial evidence to help you win the case.

Consult with a Personal Injury Lawyer in Los Angeles to help you go through the process of litigation.

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