- Special damages: These are actual costs like medical bills, lost wages, and future care needs. If you missed four weeks of work and earn $1,000 a week, that’s $4,000 in lost wages. If your injuries lower your future income, that counts too.
- General damages: These include pain, suffering, emotional distress, and loss of enjoyment of life. These don’t come with a receipt, so lawyers often use formulas to estimate their value, like multiplying your special damages or using a per-day rate for your suffering.
- Punitive damages: These are rare and usually apply only in extreme cases like drunk driving.
- The severity of your injuries
- If you need surgery or long-term care
- Clear evidence of who was at fault
- How much insurance coverage is available
- Your credibility and whether you follow your doctor’s advice