Personal Injury Lawyer: Determining Compensation in Claims

Compensation in personal injury claims is typically determined through negotiations between the injured party and the party deemed responsible for the injury, or through a court ruling. In the event that negotiations are unsuccessful and the case goes to court, a judge or jury will consider the circumstances of the injury and determine an appropriate amount of compensation.

Factors that may be taken into consideration include the severity of the injury, medical expenses, lost wages, and pain and suffering. The court may also consider any long-term effects of the injury, such as permanent disability or reduced earning capacity. In this case, a personal injury lawyer can help you to find a solution for your complaint. Hiring a personal injury lawyer like Moseley Collins will give you peace of mind and ensure that you receive the compensation you deserve.

Determining Liability

The first step in determining the amount of compensation you may be entitled to is to establish who is liable for your injuries. This may involve determining fault through an investigation, which can include interviewing witnesses, collecting evidence, and consulting with experts.

In order to prove negligence, it must be established that the defendant had a duty to exercise reasonable care and that this duty was breached. This means that the defendant had a legal responsibility to take certain precautions to protect the plaintiff, and failed to do so. Additionally, in some cases, the plaintiff may also be found to have contributed to their own injuries. In these situations, the amount of compensation may be reduced.

Settlement Negotiations

Once the damages have been calculated, the personal injury lawyer will negotiate with the defendant’s insurance company to reach a settlement agreement. This process can be complex, and it’s important to have an experienced personal injury lawyer working on your behalf to ensure that you receive the compensation you deserve. 

During the negotiation process, the personal injury lawyer from James V. Monaghan will present evidence of the damages suffered and argue for a fair settlement. The insurance company will counter with a lower offer, and the two sides will continue to negotiate until a settlement is reached.

Going to court

Going to court for a personal injury claim typically involves a few key steps. First, the injured party (plaintiff) files a complaint or lawsuit against the party deemed responsible for the injury (defendant). This may include a demand for a specific amount of compensation. 

The defendant then has the opportunity to respond to the complaint, which may include denying responsibility for the injury or disputing the amount of compensation being sought.

Next, both sides may engage in the discovery process, in which they gather evidence to support their cases. This may include obtaining medical records, interviewing witnesses, and hiring experts to testify.

After discovery, the parties may attempt to reach a settlement through negotiations. If a settlement cannot be reached, the case will proceed to trial. At trial, both sides will present their evidence and arguments to a judge or jury, who will then make a ruling on the case and determine an appropriate amount of compensation, if any.

If the defendant is found liable, they will be ordered to pay the compensation determined by the court. If the plaintiff is not satisfied with the ruling, they have the option to appeal the decision.

Calculating Damages

Calculating damages in a personal injury claim typically involves taking into account several different types of losses that the injured party has suffered as a result of the injury. These losses can be categorized  into different types of damages, including:

Medical expenses: This includes the cost of any medical treatment, such as hospital stays, surgeries, medications, and physical therapy.

Lost wages: If the injury prevents the injured party from working, they may be entitled to compensation for the wages they would have earned if they had not been injured.

Pain and suffering: This type of damage compensates the injured party for the physical and emotional pain and suffering caused by the injury.

Loss of consortium: If the injury affects the injured party’s relationship with their spouse, they may be able to claim damages for loss of consortium.

Loss of future earning capacity: If the injury causes a permanent disability that affects the injured party’s ability to earn a living in the future, they may be able to claim damages for the loss of future earning capacity.

Punitive damages: These damages are awarded to the injured party to punish the defendant for their conduct and discourage similar conduct in the future. It is not awarded in all cases and is subject to the laws of the state where the case is heard.

It’s important to note that each state has its own laws on what damages can be claimed and how they are calculated, and some states have caps on certain types of damages. An attorney will be able to advise on the specific laws of the state where the injury occurred and how they apply to the case.

Economic Damages

Economic damages are financial losses that can be quantified and are directly related to the injury. These damages include medical expenses, lost wages, and property damage. Medical expenses can include doctor and hospital bills, rehabilitation costs, and any future medical expenses that may be incurred. 

Lost wages refer to any income that was lost as a result of the injury and the inability to work. Property damage refers to any damage to personal property that was caused by the accident.

Non-Economic Damages

Non-economic damages are more subjective and include things like pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more difficult to quantify as they are not directly related to any financial losses. Pain and suffering includes physical pain, emotional distress, mental anguish, and any other physical or emotional suffering that was caused by the injury. Loss of enjoyment of life refers to the inability to engage in activities and hobbies that were enjoyed before the injury.

Punitive Damages

Punitive damages are damages that are awarded in addition to compensatory damages. They are intended to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. Punitive damages are not awarded in every case, and there are limits on the amount that can be awarded.


In conclusion, determining compensation in personal injury claims is a complex process that requires the expertise of a personal injury lawyer. They will take a thorough look at the case and assess the severity of the injury, the resulting financial losses, and any emotional and psychological damages that were caused by the incident. 

They will also take into account any negligence on the part of the responsible party and the laws of the jurisdiction. If a settlement cannot be reached, the case may go to court. A personal injury lawyer will act as a strong advocate for their client, presenting evidence and making compelling arguments to support the claim. 

They will also be able to guide their client through the legal process and help them understand the court proceedings.

It’s important to have an experienced personal injury lawyer on your side, as the outcome of a personal injury trial can have a significant impact on your life. The compensation awarded can be substantial, and the trial process can be lengthy and complex. With the right lawyer by your side, you can feel confident in your ability to seek justice and fair compensation for your injuries.