How to Calculate Damages in a Missouri Personal Injury Lawsuit
Calculating damages in a Missouri personal injury lawsuit involves several steps and considerations. Understanding how to effectively quantify the physical, emotional, and financial losses can significantly impact the outcome of your case.
1. Types of Damages
In Missouri, damages in personal injury cases are generally categorized into two types: economic and non-economic damages.
- Economic Damages: These are tangible losses that can be quantified. They include medical expenses, rehabilitation costs, lost wages, and property damage. To calculate economic damages, gather all relevant invoices, medical bills, and pay stubs.
- Non-Economic Damages: These refer to intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Calculating non-economic damages can be subjective, often relying on logarithmic methods such as the multiplier method, where the total economic damages are multiplied by a number (typically between 1.5 to 5) depending on the severity of the injury.
2. Documenting Your Injuries
Keeping meticulous records of your injuries is essential. This includes:
- Medical records detailing your diagnosis, treatment, and prognosis.
- Prescriptions and receipts for medications.
- Reports from healthcare providers explaining how your injuries impact your daily life.
3. Calculating Lost Wages
If your injuries have caused you to miss work, you need to calculate your lost wages. This involves:
- Documenting the time you were unable to work.
- Calculating your average weekly income by examining recent pay stubs or tax returns.
- Including future lost wages if your injuries impact your earning potential.
4. Pain and Suffering Calculations
Pain and suffering is often calculated using a multiplier of economic damages or a per diem method. The per diem method assigns a daily dollar amount for each day you are affected by the injury, which is then multiplied by the number of days it takes to recover.
5. Assessing Future Damages
In more severe cases, you may consider future damages. These can include:
- Projected medical expenses for ongoing treatment.
- Future lost wages if the injury affects your long-term employment capabilities.
- Long-term therapy costs.
6. Consult an Attorney
Given the complexities involved in calculating damages, consulting with a personal injury attorney familiar with Missouri laws can be beneficial. They can assist you in accurately estimating your damages and guide you through the legal process.
Conclusion
Calculating damages in a Missouri personal injury lawsuit requires a thorough assessment of both economic and non-economic losses. By documenting your injuries, calculating lost wages, and considering future impacts, you can build a solid case for the compensation you deserve. Don’t hesitate to seek legal assistance to navigate this challenging process.