Ins and Outs of Trucking Accidents

In a personal injury case, one of the most important things an attorney has to do is calculate the personal injury worth of their client. In other words, the attorney has to be able to provide the court with a monetary figure for damages that is suitable for the injuries sustained by their client.

In order to calculate this figure, the attorney Wilmington NC will have to consider both general and special damages.

What are General Damages?

General damages can be challenging for a lawyer or a court to assess because these types of damages tend to be personal in nature and are therefore subjective and often intangible. These damages are often classified under the Pain and Suffering umbrella and they include:

  • Physical aches and pain
  • Emotional distress
  • Depression and/or anxiety problems
  • Inability to concentrate
  • Persistent sleep deprivation
  • Loss of consortium

General damages vary greatly by case because every individual is unique. Where one victim may develop depression after an accident, another may not. Where one victim’s injuries may cause significant pain, another victim with the very same injuries may not experience the same degree of pain. As a result, assessing and calculating for general damages is done so on a personal basis. Only the victim can assess the level of their pain and suffering, so it is important for the client to think carefully about their injuries and how they affect their quality of life because once the demand letter is sent out, the damages listed cannot be changed.

General damages are also what are known as Punitive damages in the courtroom. These damages are meant to punish the negligent party and often, when a personal injury case goes to trial, a jury will award the plaintiff with punitive damages that exceed the amount being asked for because the jury has the right to award these damages as they see fair. For this reason alone, an insurance company claim adjuster will fight hard to reach a settlement in order to prevent their client from being taken court.

What are Special Damages?

Despite being called “special” damages, these are those damages that are straightforward and easy for attorneys to calculate. In most cases, all that’s needed to calculate special damages is to add together the bills and other tangible losses incurred by the victim, as well as the projected losses that will continue to incur due to the accident and the victim’s injuries. Special damages typically include:

  • Loss of past and future wages
  • Medical bills (including any therapies and/or nursing care)
  • Lost or damaged personal items or property
  • Out-of-pocket expenses that incurred as a result of the accident (e.g. medications, medical equipment, co-pays, hospital parking fees, etc.)

How Insurance Companies Calculate Damages

Insurance companies use computer programs to calculate damage amounts for personal injury cases. Using a point-based system, the adjuster will assign values to the special and general damages in a claim.

Depending on the program being used, values can even be attributed based on whether or not the victim is being represented by an attorney and how successful that attorney has been in the past with similar cases. As such, the damages determined by an insurance company will always be based on statistics and never on the actual pain and suffering being experienced by the victim.

Hire an Experienced Personal Injury Attorney Wilmington NC - Call Bain & Rodzik Today

If you were injured by another person’s or company’s negligence, then you need to seek the help of an experienced attorney Wilmington NC as soon as possible. Call Bain & Rodzik today. Personal injury cases can be very challenging and they have time-sensitive statutes of limitations.

At Bain & Rodzik, our personal injury attorney in Wilmington NC has the expertise to help you fight back against the big insurance companies so you can have the best chance at getting the damages you deserve so you can restore your life.

Call Bain & Rodzik now at 910-762-1199 to schedule a free initial consultation with one of our experienced attorneys. With Bain & Rodzik, you don’t pay us unless we win your case.