In the aftermath of a motor vehicle accident, understanding how damages are calculated is of great importance for both victims seeking fair compensation and the legal professionals representing their interests. MVA lawsuits are very layered and involve a multitude of factors that influence the final monetary awards. From medical expenses and property damage to pain and suffering, lost wages, and even punitive damages, this article unravels the essential elements of calculating damages in MVA lawsuits.
Navigating Medical Expenses in MVA Cases
I do not want to get into the nuances of New Jersey No Fault Law. However, many medical bills related to motor vehicle accidents are paid outside of litigation. The below analysis applies to those that are not.
Although this may seem very straightforward to calculate by simply totaling the bills from the patient’s treatment facilities, it can get much more complicated than this. Insurance companies are only required to compensate victims for reasonable and necessary treatment. The argument around necessity arises when the victim happens to have pre-existing medical conditions because of the difficulty to differentiate the treatment required for the accident from treatment that would have been needed for the underlying condition. The insurer may also become skeptical when the victim does not seek immediate medical attention. Although it does hold true that not all injuries show symptoms immediately, the delay in treatment will make it more difficult to establish causation due to the possibility that another accident could have caused the injury in the interim.
This category of damages is not as narrow as you may think. One would generally categorize medical expenses as treatment costs, physical therapy, travel expenses, medications and prescriptions, etc. As a matter of fact, this category of damages can also cover future costs of medical treatment, as long as they are related to the injury at issue.
Lost Wages After a Motor Vehicle Accident
Depending on how severe the injuries are and the profession of the victim, motor vehicle accidents can prohibit the injured parties from going to work during their period of recovery. For example, a person who does landscaping that suffers a back injury will not be able to effectively do their job without agitating the injury.
Similar to medical expenses, the lost wages category extends the possibility to recover damages to the future impacts of your injury. In other words, if it’s proven that your injury is permanent and will impact your ability to work in the future, you will be able to be compensated for lost earning capacity.
Assessing Pain and Suffering in MVA Claims
Psychological damages are the most difficult to quantify. Everybody handles situations differently. When brought in front of a jury or presented to an insurance company, they generally tend to agree that severe injuries that require extensive treatment are grounds to cause extreme pain and suffering. Although there are certain types of injuries that are commonly known and agreed to be painful, some kinds of injuries can be more painful to one victim than it is to another. On top of this, if the victim did not seek the appropriate medical treatment for the injuries, the value of the pain and suffering is likely to be viewed as lower by the insurer.
There is a very strong correlation between economic damages and non-economic damages in terms of evidence. Medical records can help the insurer draw conclusions about pain and suffering. An example of this would be missing time at work. As much as this could be used to claim lost income, it can also be used for a pain and suffering claim because it can be reasonably assumed that a person would not miss work unless they were enduring notable pain and discomfort.
Seeking Compensation with Harrell Injury Law in Wall Township & North Bergen, NJ
If you’ve been injured in a motor vehicle accident, Harrell Injury Law is here to ensure you receive the compensation you deserve. Our expert legal team in Wall Township and North Bergen, NJ, specializes in navigating the complexities of personal injury cases, meticulously evaluating medical expenses, lost wages, and the often overlooked pain and suffering. We’re committed to fighting for your rights, advocating fiercely on your behalf, and securing the best possible outcome for your case. Don’t let your injuries go uncompensated. Contact Harrell Injury Law today for a dedicated, experienced legal team ready to champion your cause.
Kenneth M. Harrell
Founder, Harrell Injury Law
