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Determining the Value of Damages in Personal Injury Claims

Unlike criminal cases, personal injury cases are a form of civil dispute and they are designed to compensate a person for their injuries. Successful plaintiffs are commonly awarded what are known as compensatory damages. These damages are meant to compensate a person for both their medical costs and property damage as well as future costs they will have shoulder due to their injuries. This may include compensation for loss of income or ongoing medical treatment.


To calculate these damages, courts look at the costs a person has had to pay due to their injury. These calculations can be relatively straightforward, but courts will not allow any type of damage to be included in the calculation. A person must prove that the damage was a result of the injury.


Some damages are harder to calculate, such as pain and suffering and other non-economic damages. Because you cannot put a price tag on a person’s suffering, courts will look to common rewards and allow juries to make a determination as to what those damages are worth. Though these damages will be awarded a figure, it is often an imperfect amount. Other forms of damages that are not easily calculated include loss of enjoyment and loss of consortium. These are meant to address a person’s inability to enjoy their hobbies and recreational activities as well as their inability to have a full relationship with their spouse.


When pursuing a personal injury claim, it is important to ask compensation for all of your damages, including those not easily calculated. To learn more about these claims and your legal options, contact the dedicated New York personal injury lawyers at Barasch McGarry Salzman & Penson.

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