When you suffer injuries that you believe are the fault of another party (or parties), you may file a claim for "damages." In legal terms, damages are the costs associated with an injury that are claimed when filing a lawsuit. If the defendant is found liable for your injuries, then you will be awarded damages. Many personal injury attorneys work on a contingency basis, which means they don't get paid unless you win your case (and are thus awarded damages).
Damages are not always easy to calculate, and in many cases your attorney will be able to point out additional damages that are indirectly related to the claim. For example, travel to physical therapy clinics and loss of wages. Also, you may require long-term or even lifelong medical assistance stemming from the injury. See Economic Recovery for Accidents and Injuries for a more complete list with detailed explanations or FindLaw's Injury Damages section for more articles and resources.
The following worksheet is intended to help you see how damages include easily identifiable costs in an effort to place a dollar value on your physical person and the way in which your life has changed since you were injured. Beyond an inventory of known costs, it does not attempt to calculate the value of your physical self or the quality of your life as it was before the injury.
This worksheet should give you a general idea of the damages involved in your case. But to get a complete understanding of the strength of your claim and damages involved, you should consult a lawyer. Fortunately, you can do so by contacting an experienced personal injury attorney for a free claim evaluation.
Damages Present Amount Spent or in Case (U) Estimated
Doctors’ bills _____________ $_________________
Ambulance bill _____________ $_________________
Hospital bills _____________ $_________________
Private nurses _____________ $_________________
Medicines/Drugs _____________ $_________________
Medical supplies _____________ $_________________
Travel/lodging arising from need for medical treatment _____________ $_________________
Wheelchairs, walkers, prostheses, handicapped-accessible vehicle, other special implements _____________ $_________________
Future medical expenses _____________ $_________________
TOTAL MEDICAL DAMAGES $_________________
Household help _____________ $_________________ Lost wages _____________ $_________________
Other work losses _____________ $_________________
Future losses _____________ $_________________
Loss of earning capacity _____________ $_________________
Increased cost of living _____________ $_________________
Special training/occupational therapy _____________ $_________________
Property damage _____________ $_________________
TOTAL OUT-OF-POCKET DAMAGES $_________________
To get a sense of how an insurance company might value your case, make the following calculations:
Check all that apply, then rate the severity of each checked injury on a scale of 1 (not serious) to 5 (catastrophic) -- don’t worry about dollar amounts for these items: Pain and suffering _____________ 1 2 3 4 5
Future pain and suffering _____________ 1 2 3 4 5
Total disability _____________ 1 2 3 4 5
Partial disability _____________ 1 2 3 4 5
Future disability _____________ 1 2 3 4 5
Loss of enjoyment of life _____________ 1 2 3 4 5
Your spouse’s loss of your services _____________ 1 2 3 4 5
Lost limbs:
Dominant hand/arm _____________ 1 2 3 4 5 Nondominant hand/arm _____________ 1 2 3 4 5 Foot _____________ 1 2 3 4 5 Leg below knee _____________ 1 2 3 4 5 Leg mid-thigh _____________ 1 2 3 4 5 Leg at hip _____________ 1 2 3 4 5
Lost organs:
Kidney _____________ 1 2 3 4 5 Lung _____________ 1 2 3 4 5 Other: __________ _____________ 1 2 3 4 5 Back/Neck injury _____________ 1 2 3 4 5 Head injury/brain damage _____________ 1 2 3 4 5 Other: _________________ _____________ 1 2 3 4 5
The following questions are intended to help you get a feel for the kinds of facts that a jury may consider when deciding what to award in damages:
1. Which of your injuries are visible? Which are invisible? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
2. What physical pain did you experience when you were first injured? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
3. What physical pain did you experience as you recovered from your injury? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
4. Do you still feel physical pain from your injury? _______Yes _______No
5. If you answered “Yes†to Question 5, please elaborate. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
6. When you think about your injury and how it has affected you, what/how do you feel? (check all that apply)?
Sorrow _______ Anxiety _______ Humiliation _______ Anger _______ Fear _______ Frustration _______ Defeated _______ Resigned _______ Other _______
7. What physical activities and hobbies did you enjoy that now cause you pain?
Participating in sports _______ Which sports?________________________ Gardening _______ Woodworking/Crafts _______ Sewing/Embroidery/ Needlework _______ Playing a musical instrument _______ Which instrument?_____________________ Playing with children _______ Cooking _______ Other _______
8. What household chores now cause you pain? Cooking _______ Laundry _______ Cleaning _______ Ironing _______ Washing the car _______ Yard work/Snow removal _______
9. What social activities have you had to reduce or abandon? Entertaining guests _______ Club activities _______ Charitable/social organizations _______ Dancing _______ Concerts/plays _______ Going to museums _______ Going out with friends _______
10. Are you still able to help people when they need help? For example, can you still babysit your grandchildren? Can you still visit people from your church, temple, or mosque who were sick and unable to attend services? Take a few minutes to think about this question and then write a little bit about these sorts of changes: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
11. What plans for the future have you had to modify or abandon? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
12. Are there any other changes in your day-to-day life resulting from your injury? ___________________________________________________________________ ___________________________________________________________________
Putting a dollar amount on your injuries is not as simple as adding up your medical care receipts, since injuries typically affect your life (and finances) in indirect ways as well. For instance, an injury may have kept you from earning a wage for several days. Contact an experienced personal injury attorney to learn more about your claim.
