These include costs to repair or replace damaged property, lost wages, sick or vacation time you used during your recovery, and any other out-of-pocket expenses you incurred because of the injury. Special damages are typically easy to calculate. Three separate numbers need to be determined to make these calculations: special damages, medical special damages, and general damages. When estimating how much an injury claim is worth, many attorneys and insurance companies use a mathematical formula to estimate the value of an injury, and determine a starting point for their negotiations. There are many factors to be considered when determining the amount you are owed. Instead, personal injury damages are based on a combination actual expenses and compensation for pain and suffering. Unfortunately, the law does not provide a specific method or formula for determining the amount you’re owed. For more information about the types of damages that may be awarded in personal injury case, see the Nolo Press article, “ Damages: How Much is a Personal Injury Case Worth?” Generally, the person liable for the injury (or that person’s insurance company) is responsible for reimbursing the injured party for all expenses related to their injury, as well as compensating the injured party for any pain, suffering, or emotional damage they experienced as a result of the injury. If no insurance is involved, or if you are unable to settle out of court, you will need to make this decision before filing your lawsuit, so you know whether you will be filing a small claims, limited civil, or unlimited civil case. This often happens soon after your injury, when an insurance company steps in and tries to negotiate a settlement with you. If you are injured in an accident, at some point you will have determine how much money you think you are owed.
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