GENERAL

How Attorneys Review Your Case to Determine Your Compensatory Damages

Being injured by someone else’s negligence can be a difficult experience from which to recover. The physical, emotional, and financial toll can leave long-lasting scars on the victim. It is crucial to reach out to experts for help with the healing process.

If you have suffered injury or damages due to the negligence or carelessness of another, you may file against the liable party for compensation. Compensatory damages can help cover your medical expenses, lost wages, and more.

A personal injury lawyer can help determine the worth of your damages based on the details of your case. They will review your medical records, property damage documentation, and more.

Reviewing Medical Records

You will be given medical records after seeing a physician. These records will detail your injuries and document your recovery process. A medical expert can also establish a link between your injuries and the accident in which you were involved.

Your personal injury lawyer in New York might request a copy of this report to help determine the damages you would receive. These damages are compensable, meaning you can recover the money you spent on treating your injuries.

Gather all your medical papers and hand these over to your attorney, including the following:

  • Doctor’s recommendations
  • Medical test results
  • Hospitalization documents
  • Prescription for pills
  • Proof of attending doctor’s appointments

Reviewing Property Damage Documentation

You may recover compensation for any damaged property by the defendant’s negligence. To prove your stance, it is crucial to offer compelling evidence. Gather any documents you have that can help establish the value of the damaged property. Also, if you spent money on repairs, hand over all your bills to the personal injury lawyer.

Furthermore, consider documenting the accident scene as soon as possible to capture property damage. This can be as simple as using your phone to take some photos and videos of the scene. Your attorney can use this proof to help determine your compensatory damages.

Evaluating Other Types of Evidence

What your compensatory damages will include depends on the details of your case. After reviewing the documents, an attorney can offer an educated estimate.

Lost Wages

For example, if you were unable to work because of your injuries or to deal with a lawsuit, you may recover lost wages. To do so, you must have proof from your employer and a medical expert to support your argument. Also, pay slips will serve as the basis to determine lost wages.

Emotional Distress

If you were harmed by the negligence of another person, you may also recover damages for emotional distress. However, since this is a highly personal experience it can be more difficult to prove and quantify. Traumatic events leave more than just physical wounds, and emotional scars are often neglected. A trained mental health therapist can help you heal.

Determining Compensatory Damages

Compensatory damages are a monetary award received by the plaintiff as compensation for injuries and damages suffered. You might be eligible for these types of damages if you have a civil court case. A lawyer can help determine if you have grounds to sue the defendant.

Compensatory damages can include a wide range of expenses. These will be determined by the specifics of each case. Your compensation may cover:

  • Medical bills
  • Future medical expenses
  • Property damage
  • Lost wages
  • Emotional distress

Once an attorney has received all the information regarding your case, they can estimate an amount for compensable damages. Based on the available evidence, they can also determine the chances of success if the case goes to court. Such insight can help plan the best course of action for each particular case.

In Pursuit of Damages

A personal injury lawyer in New York will look at your case’s facts and determine whether you have grounds to pursue a lawsuit. They will also look at what kind of compensation you could receive in court and how long it might take you to recover.

Irma C. Dengler

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With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.

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