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
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