When pursuing a personal injury claim for compensation from a negligent party, it is crucial that you have a clear idea of just how much you will actually need to cover all of your damages. Otherwise, you might inadvertently settle for an amount that is much smaller than what is required.
For a minor to moderate injury, it is feasible that you could calculate fairly accurately your damages early on in your claim, especially if you never need to undergo additional medical evaluations. For a catastrophic injury, though, the situation will be much different. Since a catastrophic injury – such as a brain injury, spine injury, amputation, or noticeable disfigurement – will cause lingering or permanent health conditions, the compensation required will be much greater and much more difficult to calculate.
Medical Costs, Living Expenses & Emotional Suffering
The first thing to consider in a personal injury claim involving a catastrophic injury is the full and true extent of the medical costs. Insurance companies may attempt to grab initial estimates from medical groups and act as if that is how much the claimant will need in compensation. Since a lingering or permanent injury may require lasting or lifelong treatments, initial medical costs will not due the real extent of the medical, hospitalization, and rehabilitation bills justice. Working with an experienced injury attorney can help you more accurately estimate what you will ultimately need to pay for your damages since a lawyer with years and years of practice history will have seen many similar cases in the past.
You will next need to consider the increased costs of living associated with a catastrophic injury. Completing day-to-day routines may be incredibly difficult, if not impossible, for someone who has been permanently or severely injured without additional assistance and equipment, all of which cost money. For example, someone who lost both legs in a car accident may need a wheelchair, a wheelchair ramp at the front of their home, an automated seat for the staircase in their home, assisted steering capabilities for their vehicles, and so on. Any and all of these costs should fall upon the negligent party that caused the claimant’s injuries.
Lastly, emotional suffering may be cited in personal injury cases involving severe injuries or the wrongful death of a loved one. For many claims, the amount of compensation demanded for mental or emotional trauma is usually a multiplicative of the other real damages – living costs, lost wages, medical bills, etc. – within the same case, with the multiplier increasing as the severity or permanence of the injuries increase. For example, if a claimant were to seek $100,000 in real damages experienced due to a motorcycle accidentbut that person was also permanently paralyzed, he or she may also seek another $1,000,000 in nominal damages, or 10 times the real damage amount. If the claimant was only temporarily paralyzed in one limb, however, the nominal damages could be much lower, such as only double the real damages and set at $200,000.
Carlsbad Personal Injury Attorneys on Your Side
Have you suffered a catastrophic or permanent injury due to someone else’s mistake, negligence, or recklessness? It is time to contact Levinson Law Group and our Carlsbad catastrophic injury attorneys. With 20+ years of legal experience, an intentional focus on complicated or high-stakes injury claims, and impressive case results that have brought in millions of dollars of compensation for our clients, we believe we should be the first team you talk to when it comes to retaining legal representation for your claim. Set up a free consultation to speak to our team as soon as possible about what you should do next.