Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story


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CHAPTER 1: INTRODUCTION

Medical expert witness testimony may also be necessary. Wage losses are claimed in almost all motorcycle injury lawsuits because riders are often prevented from immediately returning to work — if they can return at all or in the same capacity. This is money you would have earned had your injury not occurred. The best way to begin calculating this estimate is with supporting documents to show your medical condition prevents you from working. Calculations will vary depending on whether you are a salary or hourly wage worker.

We will also look carefully at regular overtime you worked and potential losses of wage increases, promotion opportunities, sales commissions, and bonuses. If you are self-employed i. The process is a bit different, but we still have the same goal, which is to gather records identifying the earnings you would have received before the injury. With the help of a forensic economist and medical and financial expert witnesses, we may also be able to assert future income loss lost earning capacity , which considers your employment skills and history, age and extent of ongoing disability.

Pain and suffering is a legal term that refers to a broad range of negative impacts the motorcycle accident had on your life. It is a physical pain you endured, but also mental and emotional trauma you have suffered. The aftermath of a motorcycle accident can be devastating and extraordinarily painful, and Massachusetts law does allow you to seek a damage award for such claims. However, it is not always easy to quantify the extent and nature of such losses. There are no hard-and-fast rules for calculating these damages, but experienced injury attorneys in Massachusetts know how to argue for maximum compensation in such cases.

We examine the severity of injuries as demonstrated by medical records and physician opinions , the extent of ongoing disabilities and the impact this has had on your everyday life and personal relationships. If you were once an extremely active, happy person with close family ties and are now dependent on a wheelchair, increasingly isolated and suffering depression, there is likely a strong argument for significant pain and suffering damages.

Loss of consortium is an injury claim in negligence cases available to certain loved ones of a person killed or injured by the wrongful acts of someone else.

Computing Economic Damages in Florida Wrongful Death and Personal Injury Cases

Claims center on both functional and sentimental losses. Yes, these settlements and verdicts are helpful to understanding the value of these claims. But you need to take these with a pinch - and sometimes a handful - of salt. Listed below are some of the most recent verdicts from other wrongful death cases in Maryland not handled by our firm. Keep in mind that these cases are not necessarily reflective of the average value of a wrongful death case. If you live in the Baltimore-Washington area someone you love has been killed, we can help you.

Get a free online no obligation consultation with our lawyers or just call us at Let us fight for you! Home Our Team Ronald V. Miller Jr. Laura G. Zois Rodney M. Gaston Justin P. Zuber Lisa A. Personal Injury.

Wrongful Death Lawsuits in Maryland. There are exceptions to this rule, however. For example, there may be other insurance policies involved if the injury was caused by a major corporation or some other large entity besides a private citizen. It should be noted that insurance companies are under no obligation to use the above methods when calculating pain and suffering.

Insurance companies will also do their own reasoning to negate some of the most concrete concepts, like the length of treatment. Insurance companies will also heavily rely on past numbers to come up with a number for your case. Properly illustrating your pain and suffering damages at trial for the jury to understand is essential in order to be adequately compensated for your injuries. Indeed, even the standard jury instruction does not provide the jurors with guidance in determining a figure.

Calculating Economic Damages

Abstract concepts, ambiguity, and confusion are all defense tactics utilized by defense attorneys to dismantle your viable personal injury claim. This is why it becomes critical to open up to your attorney about the extent of your injuries and the complete impact that your injuries have had on your life. Most people are uncomfortable talking about their injuries.

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No one likes to be thought of as a whiner or complainer. I find that even my most severely injured clients are wary to openly discuss the full weight and burden that their injuries take on them. Victims of injury do not often desire to sit and truly reflect on the extent that their injuries have had on their lives. Ways an accident has affected you can be very personal in nature. For instance, an injury victim may have been a member of a bowling league with her spouse for twenty years prior to an accident occurring.

Florida Bar Journal

They bowled together every Thursday evening with their friends and this weekly ritual became a cornerstone of bonding in their marriage. She begins to feel isolated from her spouse and her friends. As discussed above, it is then useful to attach a monetary value to each Thursday night that the injury victim is no longer doing what she loved to do. Providing a range can also be beneficial in allowing the jury to make the determination as to what the final number will be. Presenting multiple stories from different witnesses demonstrating the extent of your pain and suffering damages and including a monetary range for each will allow the jury a viable opportunity to compensate you for that loss.

Significantly, your attorney can only use these examples of loss to illustrate your injuries if you provide it to him or her. In preparing for your deposition, your attorney may ask you to explain how this accident has affected your life.


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Be ready to give real-life examples so that your attorney can best advocate on your behalf. Proving damages for pain and suffering is one of the more important ways to ensure you receive a fair amount. It is also one of the most complex issues that arise in a personal injury case. Before and after witnesses are those individuals who knew you both before and after the incident giving rise to your injuries and are equipped to testify regarding how the accident has impacted you from their perspective.

A spouse or significant other is typically obvious before and after witnesses because they live with you day in and out, taking notice of your physical condition. These types of witnesses are inherently biased in that they clearly care about you and would presumably never testify in a manner that would undermine your claim. The defense will often attack witnesses that are related to you either by blood or marriage by suggesting to the jury just that—the witnesses are inherently biased.

Therefore, oftentimes the best before and after witnesses are those people who do not have any personal stake in the litigation. At Dolman Law Group Accident Injury Lawyers, PA, we fully review every detail of your case in order to provide you with the best possible counseling and exceptional representation.

We have handled thousands of pain and suffering claims. It is really only a matter of thoroughly documenting all of the above, and understanding the ways in which insurance companies think. We look forward to hearing from you.

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Florida Personal Injury Attorneys. Dolman, Esq. Brent Sibley, Esq. David Neiser, Esq. Julia Dolman, Esq. Bryan Hannan, Esq. Alexander Knapp, Esq. Geoffery Pfeiffer, Esq.

Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story
Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story
Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story
Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story
Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story Personal Injury and Wrongful Death Damages Calculations: The Ongoing Story

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