Understanding “Damages” in Your Personal Injury Case

September 20, 2017 Compensation

When a person is injured it changes their life. Getting the proper medical care takes time and is expensive. Having to miss work is costly, and some people who are permanently injured may never be able to return to work. And recovering from injury can be emotionally challenging as well as physically challenging.

When a person is injured as a result of someone else’s negligence they can seek compensation for their “damages,” including the expenses they incur due to the injury, such as medical bills or lost wages.

Damages in Your Personal Injury Case

Damages in civil cases are “a remedy in the form of monetary compensation to the harmed party.” The purpose of compensation is to make a person “whole” again, to put them in a situation as if the injury had never occurred. The truth is that no amount of money can make someone “whole” again after a serious injury or the wrongful death of a loved one. Though, compensation can help ease the economic burdens the injury caused.

The most common types of damages (financial compensation) sought in personal injury cases are:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses
  • Future medical expenses
  • Costs to repair damages property
  • Loss of use of property
  • Pain and suffering
  • Emotional distress
  • Loss of society and companionship
  • Loss of consortium

Calculating Damages

Calculating damages in a personal injury case can be difficult. First, because every personal injury case is unique, each requires an analysis of what damages may be available and what the dollar amount of those damages are. Second, calculating certain types of damages is not straightforward. For example, determining damages for future medical costs or other necessary future expenses that you will incur after a life-altering injury is complex. An experienced personal injury attorney can help you understand and calculate all of your damages.

Recovering Damages

You can recover damages for your injuries through negotiations and settlement or through a court trial. While we are a firm known for taking cases to trial, at Miller Stockmann our practice has proved that about 65% of all cases we handle are resolved by settlement without ever filing a lawsuit.

If we do file a lawsuit, understand that only about 10 percent of all cases filed ever go to trial. We arrived at this number by looking at cases handled by the Nebraska Federal Court. In 2016, the Court reported 230 civil case filings for the year and there were 22 cases tried that same year.

If you live near Lincoln or Omaha, Nebraska we invite you to come meet with us. During the free personal injury case consultation our goal is to understand your situation and educate you on your legal rights, including what damages you may be able to seek.

Contact us today through our simple web form or call us (402) 558-4900.

All of us here at Miller Stockmann are highly experienced, skilled, and compassionate advocates for our clients. We’re dedicated to making a difference in the life of each person we represent. Combined our attorneys of Miller Stockmann have more than 50- years of successful personal injury advocacy that is demonstrated by numerous testimonials.

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Matthew G. Miller serves clients throughout Eastern Nebraska and parts of Western Iowa including Douglas County, Sarpy County, Lancaster County, and Pottawattamie County, as well as the cities of Omaha, Lincoln, Bellevue, Papillion, Fremont, Blair, Elkhorn, and Council Bluffs.