How Personal Injury Lawyers Determine Future Losses after Catastrophic Injury

Catastrophic injuries often cause permanent disability and leave victims unable to work and do things they used to love. Determining future losses after a catastrophic injury can be challenging. Knowing the factors your personal injury lawyer takes into account when calculating these losses can give you peace of mind and help you better understand the long-term impact an injury can have on your life. 

What Is A Catastrophic Injury?

A catastrophic injury is an injury so severe that it leaves a victim with permanent damage. Spinal cord injuries, traumatic brain injuries, and amputations are examples of catastrophic injuries, and can have significant long-term effects on a person’s ability to function. In fact, any debilitating injury that takes away someone’s mobility, cognitive function, or leads to disfigurement has a serious impact on the whole family’s quality of life. Although no amount of money can change what happened, victims of catastrophic injury caused by negligence need—and deserve—full and fair compensation to help them get the ongoing care they need and maintain financial security.  

How Are Future Losses Calculated?

Many catastrophic injuries require costly ongoing medical treatment and therapy. In addition to affecting an injured victim’s physical health, these types of injuries affect their relationships, social life, mental health, ability to make a living, and myriad aspects of daily life. A good accident injury lawyer will know what factors to consider and how to determine the long-term financial, physical, and emotional costs of your injury. 

Some factors that are usually considered when valuing a catastrophic injury claim include:

Tangible future costs. Personal injury lawyers consult with medical professionals, therapists, forensic accountants, and others who specialize in catastrophic injuries to estimate the total monetary costs of an injury. This may include future medical bills, nursing care, medications, therapy, additional necessary treatment, home modifications, and loss of future income and earning capacity. 

Non-economic damages. Putting a dollar amount on damages like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship is more challenging, as these are intangible losses. Depending on the severity of your injuries, how they have affected your life, and the circumstances surrounding your specific case, your lawyer may determine that these damages are worth from 2-to-5 times the amount of tangible future economic damages like medical bills and wage loss. This is a general rule of thumb that varies from claim to claim. 

Looking At The Big Picture

Some other factors that have an impact on future losses include your age, education, occupation, medical history, where your claim is litigated, and whether multiple parties are liable for damages. Of course, insurance policy limits also play a part when determining how much an injured victim may be entitled to recover for future losses. If the negligent party who is responsible for your injury acted in a particularly reckless or malicious manner, your lawyer may seek punitive damages as well. If you or a loved one has suffered a catastrophic injury, it is also a good idea to speak with an estate attorney who can help you draft vital documents such as powers of attorney, an advance directive, and a will.  

What Are Mitigated Damages?

One of the reasons it is so important to get proper medical care after an accident is that insurance companies will try to offer lower settlement amounts if they believe you failed to mitigate injury-related damages. Going to the emergency room and following-up with recommended treatment after a car accident, slip and fall, or any other type of accident can help protect your rights and give you a better chance of recovering maximum compensation to get the care you need and move on with your life.

If you need assistance with a claim involving catastrophic injury, contact a personal injury attorney today.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-lawyers-determine-future-losses-after-catastrophic-injury/

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Types of Damages in Personal Injury Cases

When you have been injured or have lost a loved one in an accident, filing a personal injury claim against the at-fault party allows you to recover compensation for your damages. In most personal injury cases, damages are intended to “make the plaintiff whole.” Although no amount of money can change what happened, an attorney can help you understand the types of damages to which you may be entitled if you are hurt, or a family member is killed, due to someone else’s negligence. 

Economic Damages

Economic damages are measurable, objectively verifiable financial losses. Common types of economic damages include:

MEDICAL BILLS – Medical expenses such as surgery, hospital stays, physical therapy, rehabilitation, medications, and ongoing treatment can be costly, especially if an injured victim has sustained a catastrophic injury or is permanently disabled. If someone requires lifelong care or adaptive devices like prosthetics, it is important to accurately value future medical costs. Hiring an attorney can help to ensure you receive adequate compensation for both past and future medical expenses. 

LOSS OF INCOME – Damages for lost wages include compensation for work that a victim could have earned if they had not suffered an injury. If you are permanently unable to work due to your injury, you may also be entitled to compensation for loss of  future earning capacity.  

PROPERTY DAMAGE – You may be able to recover compensation for any property damage sustained in an accident that was someone else’s fault. For example, car repair or replacement.  

Non-Economic Damages

Also known as general damages, non-economic damages are harder to quantify – they are highly subjective and vary from case to case. It is critical to seek the counsel of a lawyer who knows how to correctly calculate and prove which general damages you may be entitled to recover. Types of non-economic damages include:

EMOTIONAL DISTRESS – People who are severely or permanently injured often suffer from mental anguish, anxiety and stress. 

PAIN AND SUFFERING – Those who suffer serious injury may experience chronic physical pain, which can make it impossible to enjoy or even perform everyday activities like taking a walk or playing with their children. 

EMBARASSMENT AND HUMILIATION – Reduced ability to function, disfigurement, lack of independence and other conditions can cause injured victims to suffer embarrassment and humiliation. 

LOSS OF ENJOYMENT OF LIVE – An injury can deprive you of the pleasure of participating in things you used to enjoy, such as social outings, sports, and hobbies. 

LOSS OF COMPAINIONSHIP OR CONSORTIUM – Wrongful death or personal injury can destroy marriages, friendships and other family relationships.

Punitive Damages

Punitive damages may be awarded if an at-fault party’s conduct was particularly outrageous, reckless or malicious. Punitive damages are not designed to compensate the victim – they are intended to punish the wrongdoer and discourage others from committing similar acts. Drunk drivers who cause injury in a car accident often end up being liable for punitive damages in addition to compensatory damages. 

How Are Damages Calculated?

Personal injury claims are complex. No two cases are alike, and the amount of damages you may recover depends on the extent of your injuries, how they have impacted your life, and other factors. There is no set way to calculate damages, but insurance companies and attorneys often use the "multiplier method" to determine the total amount of general damages, including pain and suffering. 

This means that they take the total dollar amount of economic damages and multiply it by a number that is typically between 1.5 and 5. Your attorney will determine an approximate value of your claim by looking at the evidence surrounding the circumstances and the impact of your injuries. Insurance companies try to undervalue or deny claims any way they can, so it is critical to have a skilled attorney who will fight to help you recover maximum compensation and make things right for you and your family. 

If you have been injured or have lost a loved one in an accident, an experienced personal injury lawyer can help you understand your rights and provide legal counsel you can trust. 

This blog was originally posted on https://www.pa4law.com/types-of-damages-in-personal-injury-cases/

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The Importance of Proving Negligence in a Personal Injury Claim

Whether someone is hurt in a car crash or injured in a slip and fall accident, the vast majority of personal injury claims require an injured victim to prove negligence. Learning about the legal concepts of duty of care and negligence can help you understand your rights and why it is important to have a seasoned attorney represent your interests. 

What is Negligence?

When someone fails to act with the proper amount of care that a reasonable person would exercise in the same situation, it is considered negligence under the law. Proving negligence goes hand-in-hand with the concept of duty of care, which must also be established in a personal injury claim. 

Duty of Care

People have a duty of care to act in a reasonable manner to avoid harming others. For example, when you get behind the wheel of a car you have a legal obligation to follow the rules of the road and drive safely. 

Achieving a positive outcome in a personal injury claim usually requires proving these four elements:

The defendant had a legal duty to the plaintiff to use reasonable care. For example, business owners have an obligation to keep their premises safe for all who enter. 

The defendant breached that duty by failing to act as a reasonable person should. For instance, a supermarket employee failing to clean-up a spill on the floor in a timely manner would be a breach of duty.

The defendant’s breach of duty caused injury or harm. In the grocery store scenario, a customer slipping and falling on the wet floor would be the “cause” of the injury. 

The victim suffered injury or losses that may be compensated by recovering monetary damages. Common types of damages include medical bills, lost wages, emotional distress, and pain and suffering are examples of damages. 

Gathering Evidence to Prove Negligence

Each case is unique, with multifaceted aspects that must be proven. Personal injury lawyers understand which types of relevant evidence are required to support the basis of your claim. For example, if you are involved in a car accident, evidence such as photos of the scene, pictures of your injuries, traffic camera footage, police reports, witness statements, and expert testimony from accident reconstructionists can help prove that another party was at fault for the crash and your injuries. When you are injured and trying to heal, collecting vital evidence and building your claim can be stressful and overwhelming. In cases where there is very little evidence, proving negligence can be daunting. 

Comparative Negligence in Pennsylvania

In Pennsylvania, the concept of comparative negligence is often applied in personal injury claims. This means that even if you are partially at fault for your injuries, you may seek compensation for damages as long as you were less than 51 percent at fault. It is critical to seek the counsel of an attorney in these types of cases. Insurance companies use all kinds of underhanded tactics to minimize or deny claims. If you are not knowledgeable about how comparative negligence may be applied, you may not recover any compensation for your damages at all. 

Personal injury cases are complex. After an accident or injury, it is vital to contact an experienced attorney as soon as you can to ensure your rights are protected. A lawyer can evaluate your case, advise you of your options, and help you move forward if a claim is warranted.

This blog was originally posted on https://www.pa4law.com/the-importance-of-proving-negligence-in-a-personal-injury-claim/

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Personal Injury Lawsuits: 13 Things You Should Know

It’s often traumatic to suffer an accident or injury, and the consequences can be life-changing. If another party is liable, you have grounds for a personal injury lawsuit. Here are 13 things you should know that could help your case.

1.    Document the injury from the very moment it happens, before you even meet with your attorney. Take photos and/or videos (even if you must ask someone at the scene to help you).

2.    Write down everything you can remember about the incident – before, during and after - and obtain names and contact information of any potential witnesses (this is especially important if you were in a car accident.)

3.    Contact Perna & Abracht LLC at (610) 444-0933 to consult with an experienced personal injury attorney who will guide you and protect your interests every step of the way.

4.    Your personal injury attorney will also need documented evidence proving the extent of your injuries. Be sure to include not only physical injuries, but mental and emotional as well.

5.    Keep records of all your treatments and record any impact on your work and personal life. You may want to consider keeping a daily – or even an hourly journal -- to assist your accident lawyer in building your case.

6.    If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured. Also, keep all packaging, instructions and receipts that accompanied the product.

7.    In all cases, visual evidence is helpful to your attorney, as are expert testimonies from professionals who can collaborate your story. Your attorney will guide you in gathering evidence to build your case.

8.    Your attorney will take your case through civil court proceedings and will try to contact the other party to reach a settlement (filing an official lawsuit may not be necessary).

9.    Settlements may occur before, during or after any lawsuit is filed.  It is almost always best to seek this course first as it the fastest and easiest way to reach an acceptable conclusion for both parties. Negotiations will take place between personal injury lawyers who will then present the proposed settlement terms to both parties.

10.    You, the plaintiff, will agree to cease any legal action towards the defendant for an agreed-upon monetary amount. Special cases may require further action beyond monetary compensation.

11.    If both parties agree to the terms, then the personal injury lawyers can settle the case without ever taking it to civil court. For your own protection, be sure to consult with your Perna & Abracht LLC attorney before agreeing to any settlement, because insurance companies are notorious for trying to entice injuries claimants into settling the case for less than the claimant is entitled.

12.    Settling a personal injury lawsuit out of court can be beneficial. It spares you the duress of what could be a nasty and exhausting trial. Additionally, you can structure the settlement to meet your disability needs or to take advantage of tax benefits. Your attorney will be able to recommend the best settlement structure for you.

13.    If your case is strong enough, you may be able to obtain a larger settlement via court proceedings. Your attorney will want you to consider your future needs. What if your injuries later present future problems that presently, you haven’t even begun to consider? Not to mention simple changes in the economy that could render the settlement amount insufficient.

It’s important that you sit down as soon as possible with your personal injury lawyers at Perna & Abracht LLC to discuss your injuries and the circumstances of your case. Your attorney can help determine the best course of action for you.

This blog was originally posted on https://www.pa4law.com/personal-injury-lawsuits-13-things-you-should-know/

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