Damages & Compensation Questions & Answers

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Recoverable damages depend on the facts and applicable law. Potential categories may include medical expenses, future medical needs, lost income, reduced earning capacity, property damage, pain and suffering, permanent impairment, and other legally recoverable losses. Nothing here promises that any particular damages will be recovered.

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Economic damages are measurable financial losses — medical expenses, lost income, reduced earning capacity, property damage, and other out-of-pocket costs that can be documented with bills, receipts, and pay records. They are the losses that can be added up from paperwork.

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Non-economic damages compensate for harm that is not a direct financial loss — physical pain, limitations, loss of normal activities, and the emotional consequences of the injury. They have no invoice, so they are evaluated based on severity, duration, and impact on daily life rather than added up from receipts.

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Pain and suffering refers to the non-economic consequences of an injury — the physical pain, limitations, loss of normal activities, and related emotional effects that go beyond direct financial bills. It is a recognized category of damages, but it is harder to quantify than a bill or a pay stub.

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Generally with pay records or pay stubs showing normal earnings, employer verification of the time missed and the reason, and medical records or a provider’s note connecting the absence to the injury. The clearer the documentation, the harder it is to dispute. Self-employed individuals use tax returns, profit and loss statements, and invoices.

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Lost earning capacity addresses the long-term impact on the ability to earn at the same level when an injury permanently affects work. It is the difference between what you likely would have earned and what you now can earn. Because it looks forward, it usually relies on vocational and economic evidence and is most relevant in serious injury cases.

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Yes. When an injury requires ongoing or future treatment, those anticipated costs may be pursued — but they require medical evidence about what future care is needed and what it will cost. Because a settlement is usually final, identifying future needs before resolving a serious claim is critical.

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Permanent impairment — lasting limitations on movement, cognition, or function — may be pursued as a category of damages reflecting the long-term consequences of the injury. It is established through medical evidence documenting the lasting limitation and its impact on work and daily life. The specific facts and applicable law determine recovery.

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Yes. Property damage — repair or replacement of a vehicle and damaged belongings — is generally a recoverable category. It is often handled separately from injuries and may resolve faster, through the insurer’s inspection and estimate process. You may obtain your own repair estimates for comparison.

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A claim is valued by considering the full scope of documented losses — economic and non-economic — the strength of the liability evidence, the severity and duration of the injuries, and the applicable law. There is no formula. In negotiation the parties argue over a fair amount; in a lawsuit a judge or jury decides based on the evidence.

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Because no reliable formula exists. Any tool that promises a precise dollar figure from a few inputs is not telling the truth. Value depends on the specific facts, evidence, and applicable law of each case — the severity and duration of injuries, the impact on daily life, the strength of liability, and many other factors a calculator cannot weigh.