When a Lawrenceville truck accident lawyer starts working on a letter of demand, they know that they cannot go back after setting an amount. For this reason, it is essential to make an accurate evaluation of damages for catastrophic injuries.
Clients with this type of injuries are often left unable to work or even perform basic self-care activities. The truck accident claim must reflect the need for covering medical and life care costs for the accident victim. Here are the ways in which lawyers evaluate damages in such complex cases.
1. Understanding the Impact of the Injuries on the Patient’s Life
First of all, the attorney will discuss with the doctors and rehabilitation specialists treating you. They want to understand the prognosis once you reach maximum medical improvement. Some key considerations here are:
- Will you be able to return to your job?
- Do you need to retrain for a new job or will you be unable to perform any job?
- Will the injuries result in physical or mental impairment?
- Will you be left with significant and visible scarring?
- Will you suffer from chronic pain?
These are important facts to know, so that the lawyer can evaluate both economic and non-economic damages.
2. Economic Damages Go Beyond Hospital Bills and Lost Wages
Most people know that Georgia’s personal injury law allows them to recover medical care costs, property damage and lost wages. However, damages for catastrophic injuries go beyond these basic losses and costs.
For example, a young professional with a college degree who suffers a catastrophic injury in a truck crash will lose:
- Potential wages, bonuses and promotions
- Future contributions to the 401K pension account
- Employer’s contribution to healthcare and life insurance
Moreover, a permanent physical disability results in:
- The need to use assistive devices, such as wheelchair or walking frame
- The need to make modifications to the home to accommodate the reduced mobility
- The need to hire a home care nurse to help the victim with activities of daily living
These costs will be multiplied with the expected lifespan for someone with the types of injuries the victim has sustained.
3. Pain and Suffering Damages Are Significant in Catastrophic Injury Cases
An experienced Lawrenceville truck accident lawyer knows that catastrophic injuries go beyond the physical limitations and medical care costs. The victim’s entire life changes for the worse. And personal injury law recognizes the need to compensate the victim for the physical and mental pain and suffering they have to live with for the rest of their life.
The attorney will evaluate all the arguments to support the demand for pain and suffering damages for catastrophic injuries, including:
- Physical pain
- Mental trauma
- PTSD
- Reduced quality of life
- Loss of consortium
- Disfigurement
How Are Pain and Suffering Damages Evaluated?
One of the most difficult things to do is putting a dollar value on someone’s pain and lifelong disability. However, this is something that must be done, using a mix of compassion for the victim and realistic approach.
Attorneys use one of the following two methods to determine the value of non-economic damages for pain and suffering:
- The per diem method: a daily amount is multiplied with the number of days spent in hospital and rehabilitation
- The multiplier method: the economic damages are multiplied by a factor between 1.5 and 5. Larger multiplier values are associated with extremely severe, life-changing injuries
The Role of Comparative Negligence in Truck Accident Damages
Finally, it is important to remember that even the accident victim will be found partially at fault for the crash. Cases when the victim is 0% are very rare. Thus, under the comparative negligence principle in Georgia, your damages will be reduced with the percentage of fault.
Let an Experienced Lawrenceville Truck Accident Lawyer Win Your Fair Compensation!
The team at The Weinstein Firm is the strongest ally and advocate for truck accident victims. We believe that you deserve just and fair compensation for all your eligible damages.
One of the most important duties for a Lawrenceville truck accident lawyer is evaluating damages for catastrophic injuries correctly. Then, we negotiate the maximum settlement we can obtain from the insurance company.
We encourage you to contact us and schedule a free case evaluation at 770-HELP-NOW!
