Attorney Scott Sandler Talks Personal Injury Lawsuit Payout

by Scott M. Sandler on Jan. 18, 2019

Accident & Injury Accident & Injury  Personal Injury 

Summary: Attorney Scott Sandler Talks Factors That Determine the Payout of a Personal Injury Lawsuit

When visiting a personal injury lawyer for the first time, the question on most people's minds is how much compensation they can expect to receive if their lawsuit is successful. Before delving into this, it's important for injured people to understand that the purpose of a lawsuit is to compensate them for physical pain, emotional suffering, and financial loss. You as the injured party could potentially receive punitive damages if the tortfeasor (responsible party) actions were especially reckless, intentional or grossly negligent. 

Understanding Compensatory Damages

It's simpler for juries to determine the amount of your compensation for purely monetary losses. These typically include:

• Medical expenses directly related to the accident, including past and future care.

• Lost income, which includes the loss of earning potential. For example, the defendant in the lawsuit could be required to make up the difference in wages if you must work part-time or accept a less demanding and lower-paying job due to the limitations imposed by your injuries.

• Property damage and loss, such as your vehicle and personal belongings contained within it.

While some monetary losses are clear-cut, such as time missed from work or cost to replace your vehicle, others are more challenging. Estimating the loss of future earning potential and the cost of medical care fall into these categories. You need an experienced injury attorney to fight for a fair settlement on your behalf, whether that's in court or through direct negotiations with the other party.

Non-monetary losses are another category of compensatory damages. The amounts awarded here are highly subjective and can depend on the emotional impact of the case on jurors. Examples include:

• Pain and suffering: This category compensates you for past pain and suffering, along ongoing and future physical pain.

• Emotional trauma: This is sometimes included with pain and suffering and other times a separate category. It provides financial compensation for the anxiety, depression, stress, and other emotional difficulties you experience due to the actions of the other party.

• Loss of enjoyment of life: Should the accident be severe enough to interfere with activities you enjoy, such as hobbies, exercise, and travel, you may be entitled to receive compensation under this category.

It's Not Possible to Provide an Exact Figure

Juries must consider numerous factors when determining financial compensation in a personal injury case. Each case is separate and distinct and is comprised of its own unique rendering it difficult for any experienced injury attorney to provide an exact quote, especially on the initial consultation when the extent of one's injuries may be unclear.

If you wish to find out what your legal options are, don't hesitate to contact the Law Offices of Scott M. Sandler, in Miami, FL.

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