What are my damages? How are they calculated?
In case worth where individuals have been injured, many factors determine the damages which will be awarded to an injured person by the jury and paid by the insurance company. These ways of determining how much a case is worth are not one size fits all. For injuries themselves these fall into three general categories, the type of injury, the seriousness of the injuries and the length of time the injury stayed around. In cases with extensive injuries, there are more likely to be higher damages and the lost wages, pain and suffering, future medical treatment, loss of enjoyment of life will all play a part. Typically in Mississippi there is a presumption for the jury that all treatment an individual was prescribed or got from a doctor is reasonable and necessary until someone explicitly proves otherwise.
Who will pay
In personal injury cases the individuals found to be liable for the injury will have to pay. In Mississippi the defendant will only pay that amount of the overall damages as the percentage fault attributed to them. So if a jury awards $1,000 and says the defendant is 90% liable then that defendant will only be responsible for $900 in damages of the $1,000 that was awarded. If the other 10% were found to be caused by someone who wasn’t a defendant in the lawsuit then $0 will be paid by that responsible party.
Age of the Injured Person
When an injury occurs and the injured person will be living with pain for the rest of their life, often it is helpful to consider the age of the injured person and how much longer the average person will live. Once this time is considered it would then be possible to break those years down to 365 days and assign a value of how much the case worth may be to the pain and suffering, lost work, loss of enjoyment of live and how much each of those is worth day by day over the rest of their lives.