So many factors go into calculating personal injury damages that no two cases can receive the same award. Even if two people have similar injuries, their unique circumstances mean they will have different damages. To make this clearer, consider the example of two parents who have suffered the same injury, say a lost limb. Here are some of the unique circumstances that may result in different damages for the two parents:
One Works, One Doesn't Work
Lost wages is an integral part of personal damages. The court will consider the number of days the injured person has to stay away from work due to the injury and compensate them for the wages they would have earned during that period. Of course, the nonworking parent will not include this bit in their list of damages (proof of lost earning is required).
One Has Domestic Staff, the Other Doesn't
This is another thing that may create a difference in the nature and amount of damages awarded. This is because the defendant should compensate their victims for all the losses or extra expenses resulting from the injury. Therefore, if one of the parents doesn't have domestic staff and used to handle their domestic chores alone, they should be compensated if they now have to use hired help for the work.
One Lives in a Condo, the Other Lives in a Single-Family Home
One of the reasons people love living in condos is because the HOAs (homeowners associations) maintain the condo exteriors. In a typical condo, the HOA is responsible for cutting the lawn, removing damaged trees, painting houses, taking care of all manner of exterior maintenance requirements. However, those who live in single-family homes have to take maintain their homes on their own. Therefore, if the parent who lives in a single family home used to cut the lawn, trim trees, and clean the roof, they may be compensated for having to hire others to take care of such duties.
One Is Married, the Other Is Single
In a personal injury case that involves pain and suffering damages, loss of consortiums is typically included in the damages. Loss of consortium damages compensates the family of the injury victim for not being able to enjoy the love, affection, companionship, and intimacy of their injured loved one. In some states, this damage is only available for married couples of committed partners. If that is the case, then the single parent will not be able to claim this damage.
Regardless of your situation, you should be properly compensated. Contact resources such as Gary L Baker Attorney at Law to learn more about your options.