Compensatory damages are a category of damages your Connecticut personal injury lawyer at Injuredct.com will attempt to recover on your behalf.
So, what are compensatory damages, how are they calculated, how much can be recovered, and how can compensatory damages be proven?
Simply put, compensatory damages try to make up for losses and expenses incurred as a result of an injury by the injured party. By putting the sufferer back in the position they would have been in if the injury hadn’t happened, these damages are meant to make the victim whole once more.
What Do “Compensatory Damages” Mean in a Personal Injury Case?
There are two types of compensatory damages: Economic and non-economic damages.
Economic damages are simpler to quantify. They include medical expenses, missed pay, and property damage. We also call them “pocket-book losses.” If you lose money as a result of someone’s negligence, then you are entitled to reimbursement.
For example, if you lost pay because you were out of work while injured (even if you used sick time and vacation time while out), then you can recover your lost wages. If you paid out-of-pocket deductibles or co-pays, then those will be added up, and you should recover those, too.
You will also be given money for future economic losses if you can prove those.
Non-economic losses include pain and suffering, mental anguish, and loss of life’s pleasures. These losses are more challenging to calculate, and coming up with a number for non-economic is where some settlement negotiations break down.
It is very hard to monetary value of the pain someone has. They lack a fixed financial figure, making them significantly more challenging to calculate. The phrase “pain and suffering damages” is frequently used to describe them.
The purpose of pain and suffering damages is to make up for the victim’s physical and mental suffering as a result of their accident.
Elements Considered for Non-Economic Damages
- Injury length and severity: The likelihood of the sufferer experiencing significant pain and suffering increases with the severity and duration of the injury.
- The type of injury: burns and other disfigurements may be extremely painful or upsetting injuries to suffer from.
- Effect on day-to-day life: When determining pain and suffering damages, this can also be taken into account if the injury has a considerable effect on the victim’s capacity to work, engage in hobbies or other enjoyable activities, or communicate with friends and family.
- Mental suffering: In addition to physical discomfort, the damage may also result in the victim experiencing mental difficulties, such as anxiety, sadness, or post-traumatic stress disorder (PTSD).
- It is crucial to keep in mind that there is no predetermined method for determining damages for pain and suffering. Instead, the amount of damages awarded will depend on the particulars of the case and the jury’s or judge’s individual assessment.
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How do Insurance Companies Calculate Pain and Suffering in Personal Injury Cases?
Some insurance companies make an effort to use a “formula” when calculating pain and suffering damages.
1. The “multiplier method” is one approach frequently used by insurance companies to determine pain and suffering damages. According to the severity of the injury and its effects on the victim’s quality of life, a figure between 1.5 and 5 is usually multiplied by the victim’s economic damages (such as medical expenses and lost income).
The pain and suffering damages would be $150,000 (50,000 x 3) if the victim incurred $50,000 in medical expenses and lost wages as a result of their injuries, and the multiplier was set at 3.
2. The “per diem” method is another approach that may be taken into account when calculating pain and suffering damages. The victim’s pain and suffering are given a daily monetary value according to this technique, which is then multiplied by the estimated number of days the victim will endure pain and suffering as a result of their injury.
The pain and suffering damages would be $36,000 (180 x 200) if the sufferer is anticipated to undergo pain and suffering for 180 days, and the daily value ascribed to their pain and suffering is $200.
How Are Compensatory Damages Calculated in Wrongful Death Cases?
In wrongful death cases, other factors affect damages.
In Connecticut, a person’s surviving family members may be able to file a wrongful death claim if they pass away as a result of the wrongdoing of another party.
In a legal claim known as a wrongful death case, the wrongdoer is liable for the harm they caused, and the surviving family members are awarded damages to compensate for their losses.
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Economic Damages in a Wrongful Death Action in Connecticut
Economic damages are losses that the surviving family members can quantitatively quantify based on their objective financial suffering. Economic harm could consist of:
- Loss of financial support: This includes the money that would have been earned and given to the family during the course of the deceased person’s lifespan.
- Loss of services: This includes the cost of any child care or housework that the deceased individual would have done for the family.
- Medical and funeral costs: The surviving family members may also be entitled to compensation for funeral and burial costs as well as medical costs incurred before the person’s death.
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How Is Future Income Calculated in Wrongful Death Cases?
A financial expert may calculate future earnings. That person will consider details like the deceased’s age, profession, level of education, employment history, earning potential, projected promotions, wage increases, inflation, and cost-of-living increases.
After determining the person’s predicted future earnings, the expert may deduct certain costs that the person would have expended over their lifetime, such as taxes and personal expenses.
Non-Economic Damages in Wrongful Death Cases in Connecticut:
Since they are dependent on the surviving family members’ subjective losses, non-economic damages are more challenging to quantify. Non-economic damages could consist of:
- Loss of consortium and companionship: This refers to the absence of the deceased’s love, care, company, and emotional support.
- Pain and suffering: This includes any emotional pain and suffering brought on by the deceased person’s passing for the surviving family members.
How Are Compensatory Damages Proven?
In a personal injury case, numerous approaches exist to establish compensatory damages. One of the most crucial steps is to offer evidence of the victim’s losses and costs, such as medical bills, pay stubs, and estimates of property damage.
The testimony of witnesses and specialists detailing the victim’s injuries and how they affected their lives may also be requested.
If you have questions about compensatory damages in a personal injury case and how you can get fairly compensated, contact us or call 855.CT.Legal.