How are Damages Calculated in a Personal Injury Case?

A woman driving a car holds the back of her neck in pain.
A personal injury attorney can help you properly calculate damages.
By Osborne & Francis
May 12, 2024
In case of an injury from an accident, it's crucial to be aware of your legal rights and understand the necessary steps to take. A personal injury attorney can help you by handling your case and helping you properly calculate damages. 

Any type of accident can be an unforeseen and frightening event, leaving individuals uncertain about how to proceed. Those involved in car accidents, medical malpractice occurrences, and premises liability accidents may face financial difficulties and endure health issues as a result of the incident. 

A lawsuit for damages may be the best way for you to receive the compensation you deserve after an accident. A personal injury attorney can evaluate the unique facts and circumstances of your case and help calculate the exact dollar amount that your case is worth. 

If you or a loved one have been injured in a personal injury accident, you may have the right to bring a lawsuit for damages. Damages can help you pay for important medical treatments, ongoing rehabilitation, or even day-to-day costs like your mortgage, rent, and living expenses. Contact the considerate attorneys at Osborne & Francis online or by calling (561) 293-2600 to start the legal process. 

Types of Damages in Personal Injury Lawsuits

Damages in personal injury lawsuits refer to the monetary compensation awarded to a person who has suffered harm or injury due to the negligence or intentional actions of another person. These damages are meant to help the injured party recover their losses, both economic and non-economic, resulting from the injury.

Economic damages are designed to compensate the injured party for specific financial losses or expenses they have incurred due to the injury. Economic damages are often calculated by assessing the amount of money you have had to spend to recover from an accident that you were not responsible for. These types of damages may include:

  • Medical Expenses: This covers the costs of medical treatment, hospital bills, surgery, rehabilitation, prescription medication, and any other healthcare-related expenses.
  • Lost Earnings: Compensation for wages or income lost due to the injury, which can include past and future earnings if the injury affects the ability to work in the long term.
  • Property Damage: If personal property is damaged as a result of the accident, the cost of repairs or replacement can be included in this category.
  • Other out-of-pocket expenses: Any other expenses directly related to the injury, such as transportation costs to and from medical appointments.

Non-economic damages or general damages are a bit more difficult to calculate. These damages are subjective and cover non-monetary losses that are often more challenging to quantify. Non-economic damages may include: 

  • Pain and Suffering: Compensation for the physical and emotional pain and suffering experienced due to the injury.
  • Mental Anguish: Damages for emotional distress, anxiety, or psychological trauma caused by the injury.

Punitive damages may also be awarded. They are slightly different from compensatory damages. They are not meant to compensate the injured party but are instead intended to punish the at-fault party for harmful conduct. Punitive damages may be awarded by the court if an accident was caused on purpose or was committed recklessly–such as a drunk driving accident.

The specific amount of damages awarded in a personal injury case will depend on various factors, including the severity of the injury, the extent of liability, the skill of the legal representation, and the laws and regulations in the jurisdiction. In many cases, personal injury lawsuits are settled out of court through negotiations between the parties or during mediation, avoiding the need for a trial. 

How to Calculate Damages in Personal Injury Cases

A personal injury attorney will calculate damages in your case by assessing both your economic and non-economic losses. This is done through a thorough analysis of the injuries, property damage, expenses, and the evidence at hand.

Calculating damages is a complex process that you should consult an experienced attorney to help you with. Your personal injury attorney will evaluate the unique facts and circumstances of your case to determine the amount of damages you may receive. 

The associates at Osborne & Francis have helped clients obtain significant damages awards and have provided representation in many types of personal injury cases, including: 

It is important to note that the specific approach to calculating damages can vary based on legal jurisdiction and the specifics of your case. Consult with an experienced personal injury attorney to ensure you are accurately and fairly assessing your damages and to help you navigate the legal process.

If you or a family member have been part of an accident leading to personal injuries, you may have the right to a legal claim seeking compensation. Contact the offices of Osborne & Francis online or by calling (561) 293-2600. Our associates will evaluate your individual case and help you calculate the proper amount of damages to pursue. 

How Can a Personal Injury Attorney Help Me?

A personal injury attorney can provide valuable assistance in various ways if you've been injured due to the negligence or intentional actions of another party. Personal injury attorneys possess in-depth knowledge of the legal principles and regulations relevant to personal injury cases. 

They can offer you expert guidance on your rights, the merits of your case, and the legal actions you can pursue to seek compensation: 

  • Evaluating your case: One of the initial and essential services provided by a personal injury attorney is a thorough evaluation of your case. They will assess the strength of your claim by examining liability, determining the extent of your damages, and advising you on the best course of action.
  • Investigating your claim: Attorneys are equipped to conduct comprehensive investigations into the circumstances surrounding your injury. They can gather evidence, interview witnesses, and obtain essential reports or documents to build a strong case on your behalf.
  • Calculating damages: Calculating damages can be a complicated process. A personal injury attorney will evaluate your case and the injuries you have sustained. They can help come up with an exact dollar amount that you can bring a lawsuit for. 
  • Dealing with insurance companies: Insurance companies often attempt to minimize payouts. A personal injury attorney can manage all communications with the insurance company, protecting your rights and ensuring that you do not accept an inadequate settlement offer.
  • Representing you and your interests at trial: In situations where a fair settlement cannot be reached, your attorney will represent you in court. They will present your case to a judge and jury, effectively advocating for your rights and pursuing the compensation you deserve.

A personal injury attorney can be an invaluable resource when you've suffered an injury due to the negligence of another party. They can guide you through the legal process, protect your rights, and work to secure the compensation you need to recover from your injuries and move forward.

Contact an Experienced Personal Injury Attorney

When trusting a personal injury attorney with your lawsuit, you will want to choose someone who has handled your type of case before. This will help you maximize the benefits and damages that you may potentially receive from the case. 

The personal injury attorneys at Osborne & Francis are experienced in handling many times of personal injury lawsuits. Our associates have achieved many settlements and jury awards for our clients, including a $1 Billion dollar class action settlement in a faulty medical device matter. 

For your personal injury matters, contact Osborne & Francis online or by calling (561) 293-2600. Our associates are standing by to help you with your personal injury lawsuit. Consulting with and choosing a personal injury is the most important step in beginning the legal process. 

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Contact us if you have specific questions on the matter or if you’d like to schedule a free consultation.

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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