Ever wonder how a jury determines the amount of damages to award to someone for a catastrophic injury? There’s no one formula that applies to all cases. Instead, there are different types of damages that you can ask for, which the jury may or may not award based on the evidence. This list is not exhaustive but is only meant to give a general overview:
1. “Pain and Suffering” due to the accident and the injuries. This is usually where the values can be unpredictable because it is hard to quantify what a person should be paid for their pain and suffering.
2. “Emotional Distress”, for psychological injuries that you may have suffered.
3. “Medical Expenses”, past and future – referring to all medical expenses that have been incurred or that you reasonably expect to incur in the future due to the accident.
4. “Loss of Earnings”, past and future – referring to all income that you lost in the past and reasonably expect to lose in the future because of the accident and your injury.
5. “Caretaking Expenses” – referring to the reasonable expense of all necessary help incurred due to the accident.
6. “Disfigurement” – such as scarring, loss of a limb, burns and the like.
7. “Disability” or “Loss of a normal life”, generally referring to the temporary or permanent diminished ability to enjoy life.
8. “Shortened Life Expectancy” – referring to when the plaintiff’s life expectancy is shortened due to the accident.
For more information about our catastrophic injury practice, or for a free consultation, contact us at in**@********aw.com. Our catastrophic injury attorneys are former defense attorneys, but now they are on YOUR side!
