Hogan Injury > Accident & Injury Law > Injury Damages

Injury Damages

The calculation of damages brought by the injury is not an easy task. It actually depends on the losses that have been suffered by the injured party. Most often, damages would include the medical expenses for treatment and the amount of costs to replace or repair the destroyed property. There is no exact method to compute for the damages incurred. However, the amount of damages is not limited to the mentioned inclusions. If because of the injury, you will not be able to work in the future, the amount of your compensation in the future can even be included in the damages you can claim. You can refer to the list below to determine what you can claim and make sure that your economic compensation is what you deserve.

  • Economic Recovery for Accidents and Injuries: Your loss can include the  losses of consortium, lost wages, mental anguish, pain and suffering, and much more. Thus, you can be entitled to a lot after the injury you have suffered.
  • What Is a Damages Cap?: Damaged cap means the ceiling of the amount you can recover. The damages cap is provided by laws and depends on the state where you are in.
  • Replevin: Replevin is an order from the court where your belongings (personal property) can be returned to you if you are proven to be the lawful owner of the thing. You can resort to this action if you have been unlawfully deprived of the thing that should belong to you.
  • Plaintiff’s Duty to Mitigate Damages: It is actually your duty to mitigate the damages. To give an example, you need to seek the medical assistance as soon as possible. Otherwise, should you need more expensive treatments because of your negligence to seek assistance, you may not be able to recover the excessive fees.
  • Independent Medical Examinations: Independent medical examinations (IME) are usually required in order to ascertain that the compensation you are claiming are valid. This can only be shown by authentic medical records.
  • Damage Estimate Worksheet: To be able to have a damage estimate worksheet, your claims should be accompanied by documents such as receipts.

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