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How Damages Are Calculated in a Personal Injury Case

Why are damages calculated in a personal injury case?

One of the most common things people wonder is whether filing a personal injury claim is worth it. Finding out how much compensation you could be eligible for in a personal injury case may help you decide. There are several types of personal injury damages that are calculated when someone else was liable for the accident. Talk to a Wilmington accident attorney to learn more.


The three types of personal injury damages are economic damages, non-economic damages, and punitive damages. Each of these damages comes with its own criteria and monetary compensation amounts. Economic damages are based on straightforward numbers, while non-economic and punitive damages are more subjective.

Economic damages are easily measurable financial losses caused by the accident that resulted in your injuries. These vary depending on the type of accident. For example, common economic damages in a car accident include vehicle repair costs, medical bills, and towing fees.

Other personal injury cases may include economic damages from property damages, loss of income, replacement costs, and loss of business opportunities. Some of these damages might be harder to prove than others. Feel free to contact a Wilmington personal injury lawyer to find out how this works.

Non-economic damages are more challenging to measure because they are based on personal experiences. These damages include coverage for pain and suffering, emotional distress, loss of enjoyment, loss of companionship, and inconvenience. In other words, these damages are based on psychological harm caused by the accident.

Punitive damages are provided as a punishment to the person responsible for the accident. The goal is to discourage future reckless behaviors. A judge will determine this amount and whether these damages are warranted.


Personal injury damages are limited to certain monetary amounts in Delaware. However, these amounts might be surpassed depending on the court. Delaware personal injury compensation is limited to $75,000 in certain courts but might be any amount in the superior court.

Property damages are limited to $25,000 in certain courts, $75,000 in other courts, and any amount in the superior court. Consult with a lawyer if you have questions or concerns about any of this. A lawyer can help you start calculating the costs of the damages you suffered in the accident.

Some costs are harder to calculate than others. Calculating non-economic and punitive damages is more complicated than calculating economic damages. You can prove and calculate economic damages from receipts, bill statements, medical bills, and repair costs.