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Calculating Damages After an Accident
Insight from Our Personal Injury Lawyers in Harrisburg, Lancaster, Pottsville, Shippensburg, Wilkes-Barre, Williamsport, Frederick & York
Personal injury claims can be extremely complex, which can make calculating damages challenging. Since 1888, Metzger Wickersham has been fighting for justice for clients in Pennsylvania. Our firm believes in pursuing maximum compensation for our clients, leading to our membership in the Million Dollar Advocates Forum®. Whether your case involves wrongful death or catastrophic injuries, it is important to effectively assess the damages you have suffered and may suffer in the future when crafting your claim.
After an accident, your attorney will negotiate with the insurance company to determine an amount that sufficiently addresses your circumstances after the incident. The purpose of compensation is not necessarily to make up for what happened (although that may be part of the purpose). The overall goal of compensation is to make the victim "whole" again. This means that they are justly compensated for their injuries and other losses and are able to look forward to a secure future after the accident.
Types of Damages
Since damages are meant to compensate an individual for monetary losses, emotional losses, and future losses, it can be a complicated calculation. That is why damages are typically broken up into two different categories: objective damages and subjective damages.
What Are Objective Damages?
Objective damages may include:
- Medical and hospital bills
- Funeral / burial costs
- Loss of employment, wages, or benefits
- Loss of earning potential
What Are Subjective Damages?
Subjective damages are based off of less specific issues, including:
- Pain and suffering endured
- Emotional trauma
- Loss of companionship in wrongful death
- Loss of enjoyment of life
How Are These Damages Calculated?
This can vary depending on numerous factors, from the jury to the judge to the unique circumstances involved in the accident case.
In general, some of the factors that may be used to calculate compensation include:
- The anticipated lifespan of the decedent in wrongful death cases
- The earnings and other benefits that have been lost
- Any comparative fault that may have played a role
- The severity and permanency of the injuries
- Whether any of the injuries will cause permanent disability
- The individual's ability to work in the future
Our Harrisburg personal injury attorneys have been helping our clients recover fair compensation for decades. We can help you properly estimate damages in your case and fight for justice in court.
Our attorneys also can pursue damages for lost earning capacity (if your personal injury prevents you from working) and for loss of consortium (if your personal injury affects your relationship with a spouse or loved one).
Our Harrisburg Personal Injury Attorneys Will Fight for Maximum Damages!
If you or a loved one has suffered a personal injury, you deserve an aggressive legal advocate. Our team of Pennsylvania personal injury lawyers works relentlessly to make sure victims obtain the full compensation they deserve. You deserve justice if you've been injured in an auto, motorcycle or truck accident, because of a dog bite or as a result of a fall. At Metzger Wickersham, we have the resources and skills to work for you. With a track record of success dating back to the 1880's, our firm can effectively represent your needs. In fact, we are members of the Million Dollar Advocates Forum®!
Should your injuries be too great to travel, our attorneys can make home or hospital visits. We are available 24/7 to take your calls, so reach out to us today at (888) 286-2850 or by filling out our online form!
"I was involved in a car accident (not at fault), that seemed like it would be straightforward. The at-fault driver accepted fault and so did their insurance company. The problem was that they wanted ..."M.H.
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