If you’re thinking about settling a personal injury claim or filing a personal injury lawsuit in the state of Oregon, you may be wondering how much your claim is actually worth. While there’s no cut-and-dry response, the answer comes down to how much harm you experience that was caused by the negligent action. In essence, you must determine the financial, physical, mental, and emotional losses and harms you’ve suffered as a result of the injuries that stem from the negligent action.
Most personal injury damages/harms are classified as “compensatory,” meaning the responsible party is required to compensate the injured individual for whatever was lost as a result of the injury. While some compensatory damages are easy to calculate, such as lost wages or medical bills, it’s more difficult to place a monetary value on physical pain, emotional distress, or the inability to fully enjoy your daily life as a result of an injury. The most common types of compensatory damages include:
- Medical Treatment
- Physical Pain
- Emotional Distress
- Lost Income
- Property Loss
- Loss of Enjoyment
- Loss of Consortium
Compensatory damages are thus made up of two main categories:
Economic Damages: Some economic damages, such as medical bills, are obvious. An hourly employee can easily calculate lost wages. However, if you are self-employed, you may have difficulty establishing the specific losses your business sustained after the injury. Impaired earning capacity claims and claims for future medical expenses may also be difficult to calculate.
Impaired earning capacity claims can exist when you have difficulty continuing with your present job, or if you lose your current job and your ability to obtain a new job is impaired by your injuries
Non-Economic Damages: Non-economic damages cannot be reduced to any specific formula. Factors include permanency of the injury, and the degree to which the injury has and will interfere with your home life and recreational activities. These damages can be substantial.
For more information on what your personal injury claim is worth, watch this video: https://www.nelsonmacneil.com/videos/what-my-personal-injury-claim-worth-oregon/
Please contact our experienced personal injury attorneys at Nelson MacNeil Rayfield if you have any questions regarding your claim. Call us today at 1-503-447-3990 for a free consultation or fill out the form and we will respond to your claim.