What Does "Damages" Mean In Personal Injury?

If you’ve been injured and are thinking about hiring a Milwaukee personal injury attorney, you may have heard legal terms like “damages,” and you might be wondering what exactly this means. 

What are damages in a personal injury suit? How are they calculated, and what kind of damages can you get for your injuries? In this blog post, we discuss everything you need to know below. 

What Are Damages? Explaining The Basics

Generally, the term “damages” or “injury damages” refers to the monetary payments made to an injured person to compensate them for their injuries and losses. These damages vary, but usually include the following: 

• Medical expenses, such as payments for hospital bills
• Replacing or fixing damaged property like a totaled vehicle in a car accident
• Lost wages or future lost earning capacity due to an inability to work
• Compensatory damages for pain and suffering, both physical and mental
• Punitive damages levied by a judge to punish the defendant and discourage them of such future behavior
• Funeral costs and compensation for emotional distress if a person dies due to their injuries

It’s important to note that a defendant must be found liable for the injury for damages to be levied. In other words, the plaintiff must be able to prove that they were negligent and at fault before these damages can be recovered.

How Are Damages Calculated? 

There is no specific formula or method for calculating damages under Wisconsin law. This means that the amount of compensation can vary quite a bit. In general, though, the amount will be higher for more severe injuries.

So, as an example, experiencing multiple broken bones and head trauma in a car accident will usually result in higher compensation than if you were injured due to a slip and fall and broke your wrist.

However, the amount of damages you can actually recover may depend on the policy limits of your insurance or the insurance and personal assets of the person responsible for causing your injuries.

How Are Damages Proven In A Personal Injury Case?

There are a variety of different ways that a plaintiff may present evidence to prove that they deserve a certain amount of compensation. Among other things, a plaintiff may use:

• Medical bills and medical records
• Expert testimony, such as testimony or evaluations from a doctor
• Their own testimony and that of loved ones and family members
• Photo documentation of injuries and/or damage to property
• Documentation of missed work for lost wage claims

The Responsibility Of An Injury Victim To Mitigate Damages With Medical Care 

Even if you have been injured due to the negligent or intentional actions of another person, you have the duty to minimize and mitigate damages. This means that you must take steps to reduce the effects of your injuries and losses. This duty requires you to act as an “ordinary and reasonable” person would. 

For example, you must seek medical help and continue to follow a medical treatment plan if you have been injured. Or, if you have lost your job due to an accident but are able to work, you may be expected to seek other employment.

If a plaintiff fails in this duty to mitigate damages, this will be taken into account at court, and their damages may be reduced accordingly. 

Get Help From A Milwaukee Personal Injury Attorney – Contact Natasha Misra Law!

If you need an experienced personal injury attorney in Milwaukee, Natasha Misra is here to help. Natasha and the team at Natasha Misra Law can help you document your injuries, collect evidence, and present the best possible case while pursuing a personal injury claim. 

We’re always here to help, so contact us online to get the assistance and legal advice you need as you pursue the damages you deserve in Milwaukee or anywhere else in Wisconsin.