Calculating the Value of Your Injury Case
Estimating the value of your case is a mix of art and science. In any personal injury case (such as: auto accident, admiralty, slip and fall, premise liability, trucking accident, or general negligence – but not Workers Compensation) the value of your case is based on two categories of damages: general damages and special damages.
GENERAL DAMAGES
General damages, as the name would suggest, are intangible, non-monetary damages that do not have an exact value. They are designed to compensate any past and future pain and suffering, loss of consortium, loss of enjoyment of life, mental anguish, and emotional distress. While lawyers often turn to prior awards to help estimate the value of general damages, court awards can vary drastically based on the facts of the case. General damage awards can also vary from jurisdiction to jurisdiction within the state. If you’d like to get an idea of prior general damage awards in Louisiana, feel free to check out Eason’s Quantum Book. However, you should always consult an attorney prior to settling your case to make sure you are receiving full value.
In Louisiana, the general damages for soft tissue injuries are calculated based on how long you required treatment.
SPECIAL DAMAGES
Special damages, by contrast, have an exact dollar amount. Think of these as your “out-of-pocket” expenses, such as: medical expenses, travel expenses incurred for medical treatment, lost wages, loss of earning capacity, and property damage.
EXAMPLE
For example, lets assume Joe, a construction worker heading home after a day’s work, gets rear-ended on I-10 causing injury to him and the tools in the back of his truck. As a result, he’s transported by ambulance to the hospital. The ER physician advises Joe to seek physical therapy. Due to his injuries, Joe cannot return to his construction job for several weeks – but ultimately makes a full recovery.
In this example, Joe’s special damages are clear and would include: the ambulance bill, the ER bills, the physical therapy bills, the wages Joe lost from not being able to work, the damage to his tools, and the travel expenses related to his trips to physical therapy.
However, Joe’s general damages are a little more difficult to discern. Assuming Joe’s injuries are limited to “soft tissue” injures, his pain and suffering would be calculated based on the number of weeks he received of treatment. Further, Joe’s general damages would be increased if, for example: Joe couldn’t enjoy his hobbies while recovering, Joe had to hire someone to perform a task that he would ordinarily perform himself (such as yardwork), or if Joe couldn’t enjoy the company of his partner.
GIVE ME A FORMULA
To keep it simple:
Case value = general damages +special damages
Related Blog Posts:
HIRE ONE OF THE BEST
PERSONAL INJURY LAWYERS
If you’ve been injured in an accident, it is imperative that you secure the best legal representation as soon as possible. Fill out the form below to get started for FREE.
Testimonials
“Not your normal lawyer, Max has everything you want in a human being. Very polite and easy to work with. Ive worked with a lot of people in his industry and I believe he is the best.”
“My attorney with Malvin Law was beyond impressive. I was involved in a car accident and from the first call my attorney Max was “ALL OVER IT” he handled all the logistics, set me up with a rehab facility and I began treatment within 72 hours of my accident. Past that point he checked in with me weekly not to update me necessarily, but just to see how I was doing and feeling. He got me the best settlement he could and really fought for my best interest. Highly recommended! ⭐️⭐️⭐️⭐️⭐️”
“Was very apprehensive about calling a lawyer but after letting Attorney Max Malvin handle my case, he walked me through the entire process and kept in contact throughout even if there was nothing to report.”
“My attorney Maxwell Malvin was excellent. Could not have asked for better personal attention. Very professional but yet personal. Recommended highly.”
“Max did an incredible job, helping and communicating with me these past months. I felt secure with the information he told me. He explained everything where I was able to understand all the important information I would need to know about my case. Max was very professional with his work and didn’t hesitate to let me know when some problems came around. If someone ever got into an accident I will highly recommend Max Malvin as they lawyer to help them on their case.”
Exceptional Service – above and beyond pleased. Max Malvin is very professional!
I loved being able to visit in person with Max…