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December 22, 2006, Newsletter Issue #40: How are damages determined in a personal injury action?

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Tip of the Week

Once a determination is made that there is in fact a duty and a breach on the part of the offending party was made, in addition to the fact that this breach is what caused the injury, and then damages are calculated.

Items that may be included in such calculation include:

* Medical expenses, both current and future;
* Any therapy for rehabilitation deemed medically necessary;
* Salary or wages lost as a result of the breach;
* Pain and suffering arising out of the injury;
* Any punitive damages which would in effect punish the offending party for having made the breach of duty.

Once again, it is strongly advisable to seek counsel of a reputable and specializing personal injury lawyer so that all calculations be taken into affect before any personal injury settlement is entered into.



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