Posted on behalf of Anderson Cummings on Nov 22, 2021 in Personal Injury
Past and present damages caused by an accident often make up a significant portion of the damages pursued in an injury claim. However, when the injuries may have future consequences for the victim, it is important to determine how much his or her ongoing damages may be worth. Securing these kinds of damages helps to secure the injury victim’s future.
Our personal injury lawyers in Fort Worth are prepared to help you calculate how much all your damages, including past, present and future, may be after a life-altering injury. We want you to be able to recover the maximum compensation you need.
The consultation is free and there are no upfront fees. There is no risk in talking to us about your situation.
Facts About an Injury Victim That Must Be Considered
Before an attorney can determine what to demand from a liable party for future damages, he or she usually needs to account for several factors.
First, it is important to establish the severity of the injuries the person has suffered. If the injuries are life-altering, then future costs for things such as medical needs may be higher.
However, those costs can change depending on the life expectancy of the injury victim. For example, an 80-year-old victim who suffers a broken bone may require more medical care, which would drive up the value of his or her claim. On the other hand, an 18-year-old who suffers the same broken bone may have fewer medical costs due to the likelihood of him or her recovering from the injury more quickly, resulting in a lower claim value.
Some other factors that need to be considered about the injury victim include:
- Work status
- Marital status
- Whether the victim is the head of a household
Calculating Cost of Future Economic Damages
When it comes to calculating future losses, it is generally easier to calculate economic damages, since the costs may be more tangible. However, due to inflation, the costs of things like medical goods and services may increase over time and the value of wages may decrease. This makes calculating these costs more difficult.
Future Medical Expenses
The potential costs of future medical care and expenses may be determined by experts in the field or an injury victim’s treating doctor. For example, multiple surgeries may sometimes be necessary for certain types of injuries. A doctor or medical expert may be able to determine the surgeries that may be needed and their potential costs.
Our attorneys have experience working with medical professionals who can calculate a fair value for the costs of future medical care.
Lost Earning Capacity
Most injury cases include claims for lost wages, but this normally applies to past wages. However, when it comes to future earnings, your ability to earn an income and how much you would have made had it not been for your injury are factors that must be considered.
If you are forced to take on a different job or role due to your injuries, resulting in a pay cut, you may be able to claim loss of earning capacity. This is especially true if you were the main breadwinner in your household.
Our attorneys are also prepared to review your income history and work with experts in the field who may be able to help determine how much income you lost in the form of:
- Pay rate increases
- Fringe benefits (401k, pensions, etc.)
Family member contributions to a household are important. If a person suffers an injury that leaves him or her unable to take care of basic tasks around the home, such as caring for children or cleaning, future costs of childcare or cleaning services may be included in the claim.
Medical experts may be able to weigh in on the need for these services, as the severity of one’s injury plays a large role in the victim’s ability to do things around the house. However, economic experts may also need to be consulted to determine what these damages may be worth.
Calculating Cost of Future Pain and Suffering Damages
When it comes to calculating the costs of non-economic damages such as pain and suffering, a variety of factors must be considered. Your attorney may need statements from friends and family members, mental health counselors, and a statement from you, along with other evidence to determine how much to claim for pain and suffering.
In a trial, attorneys often work to give the jury a good idea of how much compensation would be fair for the victim to receive for pain and suffering. The jury’s decision about these damages is a subjective one and usually boils down to how the jury interprets testimony from witnesses and the victim, along with the facts of the case. That is why it is important to have an experienced attorney who can build a strong case for compensation.
However, most injury cases do not make it to court, so compensation, including non-economic damages, is usually negotiated in a settlement.
Our Attorneys Are Prepared to Help. Call Today
If you were injured in an accident and suffered injuries that may have long-lasting effects on your life, you may want to consider speaking to one of our licensed attorneys. At Anderson Cummings, we have 50 years of combined experience helping injury victims.
We offer a free consultation to discuss your claim to see what your legal options may be. There are no fees while we work on your case, and we do not charge you anything unless we win. There is no risk to you.
Call (877) 920-9009 to learn more.