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What is my case worth? Is there a limit on what I can collect for a spinal cord injury? Is there a limit on damages for “pain and suffering” in some states?
The value of a case is as much determined by the area in which the case is filed, as it is by the injuries involved. Two different juries even in the same county can react very differently. But what a fair settlement should be is a matter of things such as the strength of the case and amount of fault, the local practice and precedents (e.g., one is often likely to get more in a big city than a rural area, rich state rather than poor state), how severe the injury is, and how long it will continue, how clear the tie is between the accident and the injury symptoms, how likeable the injured person is, how unlikable the defendant is, how much insurance there is, who the lawyer is and how well s/he negotiates, and how desperate the injured is to settle so the insurance company can take advantage of her or him. There is also the subjective element: the sympathy of the jury for the injury, demeanor, appearance, juror perceptions, makeup of the jury, and so forth. All people's injuries and the impact they have on the person are different. There is a great deal of randomness and for this type of injury it does not make sense to do it on your own.
Putting a dollars and cents amount on your injury can be extremely difficult. Damages in the form of money are intended to compensate the injured party for the injury they have suffered, not to make them so rich that can have Rolls Royces at their disposal 24/7. Consequently, there is no set formula. In spinal cases, damages can include both:
(1) “general damages.” This includes payments for such things as (a) future wages if you can’t work for a period of time or anymore at all, (b) loss of promotion to a higher job that you might have gotten if you hadn’t been injured, (c) inability to do housework, (d) drive your car to go to the store, (e) loss of ability to enjoy your hobbies, and (f) the most common, pain and suffering.
(2) “special damages.” These are payments for all the costs you incurred for such things as medical and hospital bills, laboratory tests, diagnostic tests, heating pads, ace bandages, child care, transportation to doctor appointments, medicines, prescription drugs, physical therapy, and ambulance costs.
Regarding item (1), courts often find it difficult to put a specific dollar amount on these damages. There is no formula or guide that can be used to compute pain and suffering. In some states, there is no award for general damages at all. In others, there is a limit of a certain dollar amount, such as $100,000 or $250,000. Your attorney will know the law in your state and will be able to advise you on if and how much the limits are and what you may be entitled to.
Regarding item (2), these are fairly easy to calculate as they can be proven by receipts, statements, pay stubs, and other records. If you would like an attorney to evaluate your case for free and at no obligation, you may complete FreeAdvice's case evaluation form. |
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