In summary, damages are the award of money an injured victim should be compensated for her injuries caused by the defendant. First, in order for damages to be addressed, it must be established that the defendant was liable, or negligent, for the cause of the injuries. If liability is supported, generally the defendant, or his insurance company, will issue damages at the arrival of a mutually agreed upon settlement, or when a jury declares what damages should be through a verdict after trial.

SPECIAL DAMAGES are damages you can actually calculate on paper. The most common special damages are medical bills incurred as a result of the medical treatment necessary to cure and relieve your injuries. Future medical treatment can also be at issue if a physician determines you will need additional treatment in the future for your injuries caused by the defendant.

Lost wages are another form of calculable special damages. If your injuries prevented you from performing you employment responsibilities, and you were unable to work, then you are entitled to past lost wages. Future lost wages are the income you will not be able to earn as a result of your injuries.

GENERAL DAMAGES are damages that are just that, general. In other words, there is no formula for calculation. Pain and suffering is probably the most popular and examined general damage. The amount of pain suffered from the injury forward to the point of determining the award of general damages will produce a dollar amount. There is a correlation between the amount of pain and the damages you are entitled. The pain and suffering you are expected to experience in the future is also compensable. If the injury is permanent, and a level of physical impairment should result, then the amount of general damages should be much higher than if the injury resolved.

A few other areas of consideration for general damages are emotional suffering and anguish resulting from the physical injuries, loss of enjoyment of life, and inconvenience. Loss of consortium is also another general damage. These are damages which the spouse of an injured victim is entitled. Basically, if the spouse of an injured victim no longer has the same relationship with his/her spouse as a result of the physical and/or emotional injuries suffered by the injured, that spouse is entitled to compensation. Generally, the adverse changes in the marital relationship are loss of love, affection, intimacy and companionship.

If you have experienced any of these damages from an injury caused at the hand of another, you deserve to be properly compensated. In reality, the amount of general damages at stake are often determined by the experience of the parties attempting to calculate them. At trial, a jury who does not deal with the calculation of damages everyday like attorneys and claims adjustors will be educated by the attorneys on how, in their respective opinions, damages should be calculated.

If you believe you have experienced damages, it is your burden to support your claim for damages. Unfortunately, what happens much too often is that the defendant's insurance company quickly offers the injured victim an amount of money for a settlement days after the incident that caused the injury, and before the victim hires an attorney. Once a settlement agreement is made, and papers are signed memorializing the agreement, without very special circumstances the agreement is final. All damages which the settlement failed to addressed and pay are lost forever.

The insurance industry wants to pay as little money as possible for your injuries. This is no myth. It happens every day to unrepresented victims of injury. Without the experience of properly documenting your damages, the likelihood of becoming properly compensated for the damages you deserve is minimal.

If you or a loved one has been injured by another, it would benefit you to speak to an attorney who knows personal injury law to become educated on your damages you may have suffered. Here at The Kille Law Firm, PLLC, we represent injured victims in their claims against the insurance industry every day. An initial consultation does not cost you anything. Handling a claim on your own without an attorney can cost you everything. Call us today for a free initial consultation.