The Types of Damages That Can Be Claimed in a Personal Injury Case

types of damages

When a person is involved in an accident caused by someone else’s negligence, they may be entitled to compensation for their losses. Personal injury cases can be complicated, but understanding the types of damages that can be claimed can help you get the compensation you deserve. In this article, we will discuss the different types of damages that can be claimed in a personal injury case and how they are calculated.

Medical Expenses

One of the first steps in a personal injury case is to estimate the total cost of medical expenses. Your personal injury attorney will work with the insurance company to come up with an estimate of these expenses. This estimate will then be used to calculate a final settlement amount based on the calculation of all damages.

How Medical Expenses are Calculated

Medical expenses are calculated based on the cost of healthcare services, treatments, and procedures that a person receives. These costs can include doctor’s fees, hospitalization costs, laboratory tests, diagnostic imaging, prescription drugs, and any other medical supplies that are necessary for a patient’s care. The calculation of medical expenses depends on several factors such as the type of treatment, the length of stay in the hospital, the location of the healthcare facility, the complexity of the procedure, and the patient’s insurance coverage. In addition, some medical expenses may not be covered by insurance and may require the patient to pay out-of-pocket. The final cost of medical expenses can be substantial, which is why many people choose to have health insurance to help cover some of the costs.

Past Medical Expenses

Past medical expenses refers to the costs of medical treatment already received. These expenses may include hospital bills, doctor visits, medication, and physical therapy.

Future Medical Expenses

Future medical expenses refers to the estimated costs of future medical treatment that may be necessary as a result of the injury.

This Estimate Will Then be Used to Calculate a Final Settlement Amount

Once the total estimate of medical expenses has been determined, the plaintiff’s attorney will use this information to calculate a final settlement amount. This amount will take into account not only the cost of medical treatment, but also other factors such as lost wages, pain and suffering, and legal fees.

Lost Wages and Future Earnings

In addition to medical expenses, the plaintiff may also be entitled to compensation for lost wages and future earnings. Lost wages refer to the wages that the plaintiff would have earned if they had not been injured. Future earnings refer to the estimated wages that the plaintiff would have earned if they had not been injured. This estimate will take into account the plaintiff’s age, education, job skills, and future earning potential.

Pain and Suffering

Pain and suffering refers to the physical and emotional distress that the plaintiff experiences as a result of the injury. This can include physical pain, emotional distress, and loss of enjoyment of life. To calculate the amount of compensation for pain and suffering, a personal injury attorney may consider factors.  Factors such as the extent of the injury, the duration of the pain, and the impact on the plaintiff’s daily life.

Punitive Damages

In some cases, the defendant may be found to have acted with malice or intentional disregard for the plaintiff’s rights. In these cases, the plaintiff may be entitled to punitive damages.  The amount of punitive damages awarded will depend on the severity of the defendant’s actions and the circumstances of the case.

How Legal Fees are Calculated

Legal fees are the costs associated with hiring an attorney to represent the plaintiff in a personal injury case. These fees may include the cost of filing a lawsuit, preparing and presenting evidence, negotiating with the defendant’s insurance company, and attending court hearings. Legal fees are typically calculated as a percentage of the total settlement amount.

How to Make Sure You’re Getting the Most Out of Your Personal Injury Settlement

To ensure that you receive the maximum compensation, it is important to work with an experienced personal injury attorney. An experienced attorney will be able to negotiate with the defendant’s insurance company to ensure that you receive the compensation you deserve. They will also be able to advise you on the best course of action for your specific situation.

Hiring a Thousand Oaks Personal Injury Lawyer

Most personal injury lawyers, like Vititoe Law Group, work on a contingency fee basis. Specifically, a pre determined percentage of your settlement or compensation. This means that you will not have to pay a fee unless you recover compensation in your personal injury case.

If you recover compensation your personal injury lawyer will take a percentage of the award, typically around 40%.

It is important to understand the qualifications of the attorney you hire. Particularly if a personal injury lawyer offers a much lower contingency fee than others.  While an attorney may say he or she will only charge you a 25% contingency fee, he or she may not be qualified to handle your personal injury lawsuit.

Contact a Thousand Oaks Personal Injury Lawyer Today

If you have been injured in an accident it is important that you contact a Thousand Oaks personal injury lawyer as soon as possible. Since there are deadlines as to when you can file a claim. Vititoe Law Group can help you obtain the maximum compensation for your injuries and damages. We have your best interest at heart and truly care about you and your recovery. We will focus on the claims while you focus on recovery.


Vititoe Law Group is a very knowledgeable and experienced Thousand Oaks personal injury lawyer. With our experience and resources we will get you the compensation you deserve. We are a nationally recognized Thousand Oaks law firm. Contact us today for a free consultation. 

By |2023-02-17T10:10:40-08:00February 22nd, 2023|Personal Injury|Comments Off on The Types of Damages That Can Be Claimed in a Personal Injury Case

More Than 30 Years of Experience Fighting For the Victims of Negligence

Contact Us For A Free Confidential Consultation

Call us at 818-991-8900 or fill out the form below to set up a time to talk with our legal team about your case. If you are unable to come to our office in Westlake Village because of your injuries, we can come to you.

My title page contents