If you’ve been hurt as the result of an accident, whether it’s a car accident, slip-and-fall, or workplace accident, there’s a good chance you’re entitled to compensation for your injuries. This compensation, also known as “damages”, is an effort by the legal system to offset the costs of treating your injuries and to cover any wages lost if you’re too hurt to work. In short, damages are an attempt to make you whole after you’ve been hurt as a result of someone else’s actions. Injuries can be physical, mental, or emotional.
Anyone who has been hurt by an accident caused by someone else is likely to think how much compensation they’re entitled to. However, determining damages after an accident is not always so simple. There are many factors that go into the compensation awarded by the courts. The severity of injuries, lost wages, liability, and emotional damage all play a role in calculating your claim’s payout.
The Average Memphis Personal Injury Award
When searching “how much are most personal injury settlements in Memphis, TN”, you will see the ranges from around $10,000 up to $100,000. Personal injury law is a complicated and highly specialized field. There are almost as many different areas of personal injury law as there are accidents. So the exact type of case will have a big impact on the final judgment.
See also: How Car Accident Lawyers Help Clients Secure Fair Settlements
Severity of Injuries and Cost of Recovery
One of the most important factors in determining damages is the extent of a person’s injuries. The more severe the injuries and costly the care, the more compensation will be awarded. Cases involving injuries that require surgery, extensive rehabilitation, or that result in permanent disability will often see much more compensation than a car accident that causes simple whiplash, for example.
A plaintiff in a wrongful death case could receive $2 million.
Missed Work and Lost Wages
If you’re too injured to work, either temporarily or permanently, this lost income will be included in your settlement or final judgment. This amount will include any wages lost before you bring your claim as well as cover future missed work caused by your injury. If your injuries reduce your income-earning abilities, ie they require you to change jobs to a lower-paying roll or reduce the number of hours you can work, this will be factored in as well.
Who Caused the Accident
Exactly who is liable for the accident and injury is one of the most vital parts of calculating how much money you’re entitled to. Tennessee state law follows a principle known as “comparative liability”. This legal doctrine requires a person to be less than 50% responsible for an accident to receive damages, and the amount of those damages will be reduced based on the injured partie’s part in causing the accident.
So, for example, if you’re 30% responsible for a slip-and-fall your settlement will be reduced by 30%.
Compensating Emotional Distress
You are entitled to compensation for any loss in your ability to enjoy life. If an accident causes long-term pain or emotional problems, such as PTSD, this can greatly increase the final settlement amount. While distress is subjective, most insurance companies will calculatethe amount by multiplying the total of all other damages by 1.5 to 5. The exact multiplier will depend on the length and severity of the emotional distress.
There are lots of factors that go into just how much your personal injury claim will be worth to the injured party. It’s not as simple as adding up all your medical bills. If you’ve been injured after an accident, you need the support of an experienced personal injury lawyer to calculate the damages and handle negotiating with insurance companies to ensure you get exactly what you deserve.
