Frequently Asked Questions
What are the main categories of damages?
Economic (special) damages cover quantifiable losses: medical bills, lost wages, future medical care, and lost earning capacity. Non-economic (general) damages cover pain and suffering, emotional distress, and loss of consortium. Punitive damages punish egregious conduct and are awarded only in a small minority of cases.
How is pain and suffering valued?
Two common methods: the multiplier method (economic damages × 1.5 to 5, with higher multipliers for severe or permanent injuries) and the per diem method (a daily rate, often the plaintiff's daily wage, multiplied by days of suffering). Juries are not bound by either, and many states cap non-economic damages.
Are damages capped?
In many states, yes - especially for medical malpractice (often $250,000-$750,000 on non-economic damages) and claims against government entities (often $100,000-$500,000 per claimant). Punitive damages are also capped or restricted in most states. Caps vary widely; check your jurisdiction.
How does comparative fault affect recovery?
Most states reduce damages by the plaintiff's percentage of fault (pure or modified comparative negligence). A few states still bar recovery entirely if the plaintiff is even 1% at fault (contributory negligence). A $100,000 award with 30% plaintiff fault becomes $70,000 in a comparative-fault state.
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This calculator provides information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and individual circumstances. Do not rely on this tool for legal decisions. Consult a licensed attorney in your jurisdiction for legal advice.