Method Used For Determining Value of Personal Injury Case
The court uses the estimated value of a personal injury case as a way of determining the amount of compensation owed to the plaintiff. The court wants to grant an award that helps to return the accident victim/plaintiff to the point where he or she was before the accident.
Problems faced by those charged with determining the value of a given case
The claimant’s loss might not be recoverable.
The claimant’s/victim’s injury might not have healed completely.
Factors considered, when determining a case’s value:
• Who was found at fault?
• Was there proof of negligence, as shown by the evidence?
• Did an expert confirm the existence of an injury?
• Number and extent of calculable damages
What sorts of damages get classified as calculable?
• Property damage
• Loss of a business
• Loss of past income
• Loss of future earning opportunities
• Cost of future care
• Loss of homemaking capacity
• Transportation expenses
• Pain and suffering
Factors considered, when calculating the value of a claimant’s pain and suffering
• What type of injury was claimed? Was it one that caused the victim to become disabled?
• Did the injury cause the victim to suffer a permanent physical impairment?
• Did the victim suffer an emotional problem, after experiencing the accident?
• Was the victim’s ability to relate to others impaired by emotional problems, problems that developed following a specific accident?
• Did the victim’s ability to enjoy life diminish or disappear, as a result of the accident-related injuries?
• Was the victim’s lifestyle changed drastically by the effects of the accidental occurrence, the one that caused the injuries?
• What was the level of the claimant’s/victim’s stoicism?
Issues that cannot be considered, owing to the problems faced by those that need to determine a case’s value
Personal Injury Lawyer in Victoria knows that if the victim does not recover completely from his or her injury, that fact could force the same person to deal with countless daily challenges. It would seem impossible to measure the level of stoicism exhibited when it becomes necessary to deal with each such challenge. It is not clear for how long a period the court attempts to gauge the level of the victim’s/claimant’s stoicism.
How could an expert determine the extent to which an injured claimant had lost the ability to relate to others? Could such a loss be noted and measured by someone that had not known the same claimant/victim during the period prior to the accident’s occurrence?
What value gets placed on a given permanent impairment? What value might be attached to disfigurement of the face, due to burns? How would that compare with the need to rely on the function of an implanted device? The burns would be obvious, and could be responsible for emotional issues.
In contrast to that an implanted device would remain hidden. Still, it might get infected, causing scheduled surgery, in order to replace it with something better.