When someone has been injured, because of the negligence or carelessness of someone else, the only way justice can be served is to award an amount of money based on the evidence of the damage that was caused. However, determining the value of a case is never an exact science. The amount will depend on numerous factors, some of which are entirely subjective. So, if you are wondering, what is a catastrophic injury case worth, the answer is – it depends.
Common factors considered in determining the value of a case
There are objective factors to consider, which makes determining the worth of a case a little easier. These factors include: (1) medical expenses; (2) future expenses for injury or disability; (3) lost wages and lost future earning capacity. The future damages often require the opinions of experts such as life care planners, economists and vocational experts.
As for subjective factors, attorneys typically consider (1) how strong the evidence of liability seems to be; (2) the credibility and likeability of the injured person; (3) the credibility and likeability of guilty party; (4) the “outrage factor,” which refers to any conduct by the guilty party that will make the jury upset.
The worth of a case will likely evolve
Even when an attorney can come to an approximate monetary worth of a case, that amount will likely change as the case develops. When witnesses give their testimony and documents are obtained, the value of a case becomes much clearer, in most cases.
The types of damages available in catastrophic injury cases
Compensatory damages are the most common type of damages awarded in catastrophic injury cases. The purpose of this type of damages is to make the injured person whole, by compensating them (or reimbursing them) for what was lost as a result of the injury. Damages in a catastrophic injury case always include the cost of medical expenses resulting from the injury, both past and future. Lost income is also a common type of damage, as catastrophic injuries most often impact your ability to continue working, for an extended period of time.
Pain, suffering and emotional distress damages
You may also be entitled to a damage award for any pain and discomfort you suffered during your catastrophic injury, as well as continuous pain that is attributed to your injury. Emotional distress damages are often awarded in cases with serious injuries, such as catastrophic injury cases. These damages are usually awarded to compensate for the psychological impact of the injury, demonstrated by fear, anxiety and sleep loss, for example.
If you have questions regarding catastrophic injuries, or any other personal injury concerns, call the Cottrell Law Office at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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