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How are Damages Calculated?

May 26, 2016 in Scott Segal, West Virginia Courts and Laws

It’s crucial that the damages you collect from your lawsuit properly reflect the amount of compensation necessary for you to live out the rest of your life post-injury.  Only an experienced law firm will know the complex steps to take to ensure that happens.


Special Damages

In West Virginia, there are two types of damages. The first, and possibly easiest to understand, are ‘special damages.’ These are damages that can be computed into an exact or range of numbers. For instance, we know what your medical bills have been so far, because we can get those from your doctors and hospitals.


But we also have to figure out your future medical costs. For that, we’ll need to use an expert witness called a life care planner. A life care planner will help us determine how much your future care will cost. Many people don’t realize that wheelchairs and prosthetic legs don’t last forever. You’ll need replacements and possibly multiples of both, depending on your lifestyle.


Once the life care planner’s report is done, it goes to someone called a forensic accountant, who computes how many dollars you will need to afford the rest of your life. We need to take into account the loss of wages you will suffer due to your injury.


General Damages

General damages are a little more subjective. This type of damages is based the pain and suffering you feel because of your accident. It includes your grieving, your loss of ability to enjoy life, and the pain your spouse will suffer because no you are no longer able to involve yourself in day-to-day household activities.


There’s no way to put a number or dollar sign on pain, so it’s up to the jury to decide. But they are allowed to consider this emotional suffering as part of your overall compensation.


It’s very important that your attorney have experience with the expert witnesses and economists required to prove your case to the jury. The whole story must be told to get you the compensation you deserve. The Segal Law Firm has that experience. If you have any questions, call us toll free at 855-344-9100.

The information on this website is for general informational purposes only. This general information is not actual legal advice. Nothing on this website should be taken as legal advice for any individual case or situation.