How Can You Put a Price on an Injured Person’s Losses?
Attorney James Johnson, founder of Johnson Attorneys Group, Explains Compensation
One of our clients suffered a Traumatic Brain Injury in a motorcycle crash and it wasn’t his fault. But it was his life that came to a screeching halt, unlike the person who caused the crash. After spending a few weeks in the hospital, and several more in rehabilitation, our client asked us what his case is worth?
So how do you put a price tag on an injured person’s suffering and financial losses? First of all, a person who is seriously injured in an accident due to someone else’s negligence, a personal injury attorney may file a claim to recoup compensation for both financial losses such as medical bills as well as non-economic losses such as pain and suffering.
We knew our client had a good case, but the attorney cannot predict how much money a person will receive for their losses. That’s because each case has a unique set of circumstances that determine the worth of a personal injury case. The extent of a person’s injuries is just one of many factors considered by a a defendant’s insurance representative, a judge or jury when considering a settlement or award. Certainly, people who suffer worse injuries and have higher the medical bills, may be entitled more than someone who had a minor injury. This is just one part of the equation. When a person is done treating, the attorney will total up all those medical bills and also put together an estimate for any future medical costs you may have.
Other factors that determine the compensation you will receive upon winning a lawsuit include property damage, lost income, loss of future earning capacity, pain and suffering, mental anguish and the loss of a person’s ability to enjoy life as they once were able to. Our client was unable to return to work for months due to his injury. Also, he was no longer able to perform the same work and this reduced his earning capacity.
As a person heals from their injuries, they will discover their limitations and gain a better understanding of how their injuries could affect them in the future.
A personal injury attorney will access both your current damages as well as any future losses. It’s their job to make you whole again following the accident by adding up all your losses and making a legal claim against the person or entity responsible.
Johnson Attorneys Group will review all the facts of a case AND document a person’s damages BEFORE filing a legal claim. Call us at 1-800-235-6801 to request a free consultation.
WHAT IS A PERSONAL INJURY CASE WORTH?
ECONOMIC DAMAGES
- Economic Damages
- Medical costs
- Future medical costs/bills
- Property damage
- Lost income
- Reduced earning capacity
- Cost of household services
- Losses due to change of plans
NON-ECONOMIC DAMAGES
Most people think in terms of actual money lost after they suffer an injury. However, there are lots of other ways that don’t involve money that an injury can affect your life. It’s not always easy to calculate a non-economic losses. However, an attorney will go over each case to discover all the losses in their demand for compensation. The following are just some typical types of non-economic losses that contribute to determining the worth of a personal injury case:
Pain and Suffering
If you are hurt, you are likely to suffer both physical and emotional pain because of your injuries. To determine the amount of pain and suffering damages a person could receive such as how severe the injuries area, the age of a person, losses that impact your finances and other consequences from the accident.
Loss of Enjoyment of Life
Some people completely heal from their injuries, but others have lasting pain or permanent disabilities. Others have Post-Traumatic Stress that prevents them from enjoying their lives as they did prior to the accident. If a person is unable to engage in the same activities they did before the accident, the attorney will factor this into non-economic losses.
Physical Disfigurement or Impaired Abilities
Whether you were a model or a mother or mathematician, physical disfigurement can be traumatic for anyone no matter their age, gender or profession. Sometimes these disfiguring marks will keep the trauma of the accident alive for the injured person. For example, a person with scars or burns on their face or hands will see them every day they look in the mirror. They can never move on and forget that tragic day. This type of loss is one that an attorney can recover damages or compensation for an injured person.
Mental Anguish
Also, a person hurt in a catastrophic accident can suffer serious mental health issues that affect both their person and professional lives. This is often called post-traumatic stress disorder because it results from a serious accident. An attorney will make sure their client recovers compensation for mental anguish.
Loss of Consortium or Companionship and Comfort
A spouse who loses their ability to have intimate relations with their partner due to their injuries or whose spouse dies in an accident, also loses the care, companionship, and affection they enjoyed before the accident. It’s not unusual for a lawyer to make a claim for loss of consortium or companionship.
Punitive Damages
It is rare for a judge or jury to award a plaintiff with punitive damages. This type of damages is not considered compensation. Instead, it aims to punish the person who hurt the plaintiff because of the extreme carelessness or intentional infliction of harm. Also, it’s a deterrent to others because it sends a direct message to a defendant to avoid repeating this behavior.
California Accident Attorney 1-800-235-6801
Attorney James Johnson, founder, Johnson Attorneys Group in California
What is your personal injury case worth? Attorney James Johnson has been helping those injured in California recoup compensation for their many losses for roughly two decades. Furthermore, Johnson Attorneys Group has helped hundreds of people over the years and we continue to work tirelessly to help our current deserving clients. We hope this news information is timely and helpful. However, if you would like to discuss a potential case or have legal questions about your personal injury case, please contact us as soon as possible. Our law firm is a proud, longtime supporter of Mothers Against Drunk Driving (MADD).
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