When a person is injured due to the negligence of another party then there may be claims for compensation that may be pursued.
Each person’s injury claim is different and unique. Many factors are considered, when trying to figure out fair and reasonable compensation for damages.
What are the injuries? How long have the symptoms lasted? Will there be a permanent injury? What is the injured person’s life expectancy? How have the injuries affected the injured person’s activities, employment, marital, or family life and his or her quality and enjoyment of life?
Lost income and medical bills since the injury, and for the future must be considered.
If there is a claim for wrongful death there are different factors that are considered, which will be the subject of the next blog.
In some cases, punitive damages may be considered, where for example there was drunk driving or other aggravating conduct by the party that caused the injuries or wrongful death.
Generally, claims are either settled, before or after a lawsuit if filed, otherwise the amount of fair and reasonable damages is determined by the jury or an arbitrator.