How Damages Are Calculated in a Negligence Case

Negligence cases allow injured parties to seek compensatory damages from the people directly responsible for those injuries. If you’re successful, you should be able to win compensation for all your associated costs, including subjective costs like pain and suffering.

But how exactly are these damages calculated? And how can you maximize your payout?

The Radically Diverse Nature of Negligence Cases

Unfortunately, it’s hard to give a straightforward answer about how much money you can receive from a negligence case, in part because of the radically diverse nature of negligence cases.

For example, you might need a Philadelphia amputation lawyer if you were in a car accident that ultimately led to the amputation of one of your limbs. You might want to work with a lawyer who specializes in medical malpractice if you were the victim of a surgical error.

Ultimately, negligence is a very broad category in the law. Negligence occurs when a person has a duty of care to another, when they breach that duty, and when the breach of that duty causes harm. Each of these factors is associated with a multitude of subfactors, each of which might be relevant to your claim. Negligence is associated with things like medical malpractice, car accidents, truck accidents, premises liability, and much more.

Finding a Good Lawyer

Your greatest asset in pursuit of a negligence claim is going to be your lawyer. Your lawyer is going to help you understand the nuances of your case, how negligence law might be relevant to it, and the important steps to follow to maximize your claim. They’re going to work on your behalf to gather evidence, file the requisite paperwork, negotiate with the defendant, and perhaps even represent you in trial.

A good lawyer will make you feel comfortable with the process, but also fight for you to maximize your compensation. Once you find a good lawyer, trust their advice and follow their directions as precisely as you can.

There are many viable options for finding a good lawyer. You can start by asking your friends, family members, and acquaintances if they have any recommendations, as personal referrals are a common way to discover excellent legal professionals. Another good option is to utilize legal directories. Legal directories allow you to search for lawyers of certain disciplines and backgrounds according to location and other factors. You’ll likely find dozens of viable candidates this way.

There’s also nothing wrong with searching for a negligence lawyer the old-fashioned way, with Google or another search engine of your choice. Just make sure to vet the candidates you find to make sure they’re a good fit for your needs.

Most negligence cases are settled out of court. In these circumstances, the plaintiff and defendant negotiate to find an agreeable amount of compensation. If that doesn’t work and the case goes to trial, a trier of fact, typically a jury, will factor in all the details of the case and determine how much it should be awarded in damages.

The exact number awarded is going to vary based on the details of the case. In most jurisdictions, there are many different categories of damages, including compensation for things like medical bills, property damage, lost wages, and loss of consortium, as well as more abstract things like pain and suffering. Cases that award higher amounts are typically associated with more severe, more painful injuries.

Negotiating for a Better Settlement

What steps can you take to negotiate for a better settlement?

Learn everything you can. Try to learn everything you can about your case and your negligence claim. Your lawyer is going to be indispensable for acquiring this information, but you can also do some research on your own.

Trust your lawyer. Next, trust your lawyer and follow their guidance. Your lawyer wants to maximize your payout not only because they’re legally responsible for doing so, but also because their fee will depend on the volume of the settlement. You’re free to deviate from their recommendations, but you probably shouldn’t in most cases.

Be patient. Settlement negotiations can take a long time, even in relatively simple cases. It can be stressful and annoying, especially if you have medical bills piling up, but it’s often in your best interest to be patient and continue negotiating.

If you aren’t able to prove negligence, a lawyer probably won’t take on your case. If the evidence is strongly in your favor, personal injury lawyers will likely line up to represent you. As long as you hire a good lawyer and follow their guidance, you should be in a position to negotiate for the highest possible settlement or win the greatest possible amount of damages in court.