How Is the Worth of a Serious Injury Case Determined When Injuries Are Lifelong or Involve Ongoing Medical Procedures? How Do You Calculate Those Future Potential Costs?
Determining the value of your injuries and loses can be difficult, and there is no special formula to calculate a precise amount. The losses that a person suffers as a result of an accident are often referred to as “damages.” Some damages are easier to calculate than others.
There are generally two types of damages. The first type of damages are called, “Special Damages,” also referred to as economic damages, which are the measureable amounts of money that you have lost, or will continue to lose, as the result of the other parties negligence. Economic damages may be things likes, medial bills, lost wages, out-of-pocket expenses and lost or damaged property. The other type of damages is called “general damages,” also called “non-economic damages.” These are the intangible losses you’ve endured and will continue to endure in the future. General damages include pain and suffering, and emotional trauma.
Economic damages are calculated by adding together the hard costs. While damages such as lost wages may be calculable, establishing an inability to work, arriving at the calculation, and getting evidence admitted can be difficult. At Rooney Philly Lawyer we work closely with doctors and vocational experts who help the insurance companies, or juries, understand just how our clients injuries have prevented them from working. We also work with forensic accountants to help prove the value of our clients lost wages. These accountants can study the past income of a self-employed individual and forecast potential future income. They can prepare a detailed report of future income by factoring in the growth rate of your business and the addition of new customers. They can also factor in the income levels of similar businesses in your area.
General damages are very difficult to assess because there is no objective calculation for your specific pain, suffering and emotional harm. Each person’s injury, and the affect it has on her/him, is different. Your pain and suffering can never be the same as another’s. Two people can sustain exactly the same injury, but one person may experience greater pain than the other. One may develop depression while the other does not. The same type of injury may prevent one person from working while it does not affect someone else. With regards to establishing the value of pain and suffering, at Rooney Philly Lawyer we work closely with your treating physicians and with our expert doctors and learn just how your injuries have impacted our client’s lives. Most importantly, we spend time with our clients and their friends and family, so we can learn first hand how these injures impact day-to-day life, and make sure we can properly convey that to the insurance company, the defendant and the jury
How Does the Personal Injury Attorney Know When It Is the Right Time to Advise a Client to Settle in a Trucking Accident Case Versus Taking It All the Way to Trial?
As a lawyer, I assess the cases based on my training and my experience with similar cases. I also present my cases to other lawyers, experts and focus groups to do my best to determine the proper value of my client’s case. Most importantly, I consider my client, the impact on her/his life, and what sort of resources they might need going forward. The bottom line is, we only advise settling if we are able to get you the type or money that properly compensates you for you injuries, damages and the impact the accident has had on your life. If the offer is less than what we’ve determined to be fair, we will be fully prepared to take your case before a jury of your peers.
Sometimes, trucking companies and their insurers will offer an unfair settlement, leaving us little choice but to take the case to trial. At other times, the case is evaluated properly and the company offers real money. Then, the responsible thing to do is to settle the case to avoid the risk of trial.
For more information on Trucking Accident Cases in Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 279-8400 today.