Sample Personal Injury Damages Calculation

It is difficult to state with certainty how your particular case will be assessed. Your settlement will compensate you for the fact that you will have to change occupations, but only to the extent that your new occupation is lower paying and that you may not be able to work as long due to your disability. Here is an example with some fictitious figures and facts that might help:

Suppose John is in the same situation. He was in the hospital following the accident for 6 weeks until he could come home. He is permanently in a wheelchair and, even though he can move his upper body, he can no longer perform the functions required of a mechanic, like bending and crawling under cars. He is a gifted mechanic and would like to somehow stay in the business. He also has a wife and two young children, ages 3 and 5. His wife does not work outside the home. Now there won’t be any chance of her going to work because, at least for the time being, John will need care 24/7 for at least 6 months, unless they hire someone to provide home care. John’s lost earning capacity less the amount of money he eventually may be able to earn in a different job will be part of his economic compensation. It is speculative, because no one knows what kind of job John will end up with ultimately. Loss of earning capacity also takes into account one’s age, level of education, skills, experience and previous employment history. An attorney or forensic economist would use work-life expectancy tables to determine how long a work life John will have based on analysis of normal life expectancy and reduced life expectancy. Here are some sample figures:

Please note that John’s wife may also sue for loss of consortium. Again, this is based on limited information and is an example of a possible calculation of a settlement based on fictitious figures and facts. Your individual case may vary from this substantially.

If you lived in Louisville, Kentucky, the amount might be substantially lower than if you lived in Boston. In addition, some states have put a cap on non-economic damages and the amount for loss of consortium, inconvenience, and pain and suffering would be limited.

For information on how to value your specific claim, and to find out if your state has a limit on non-economic damages, contact a personal injury attorney in your area. Economic damages when long-term earning capacity is at stake can be tricky. Be sure your lawyer has experience in this area.

Case Studies: Personal Injury Damages Calculation

Case Study 1: Life-Altering Injury

John, a skilled mechanic, was involved in a car accident that left him permanently paralyzed from the waist down. He spent six weeks in the hospital and now requires 24/7 care. As a result of his disability, John can no longer work as a mechanic. He is married with two young children, and his wife is unable to work outside the home due to the caregiving responsibilities. John’s attorney and a forensic economist assess his case to determine the appropriate compensation for his economic damages, including loss of earning capacity and future medical expenses.

Case Study 2: Loss of Consortium

Sarah, a pedestrian, was struck by a negligent driver, resulting in severe injuries. She suffered a traumatic brain injury that significantly impacted her cognitive abilities and physical functions. Sarah’s husband, James, files a loss of consortium claim on her behalf. The claim seeks compensation for the loss of companionship, support, and intimacy James experiences due to Sarah’s injuries. The attorney evaluates the impact of Sarah’s condition on their marital relationship and the emotional distress suffered by James.

Case Study 3: Economic Damages in Different Jurisdictions

Emily, a victim of medical malpractice, underwent a botched surgery that caused severe complications and long-term disabilities. She resides in Louisville, Kentucky. Emily’s attorney assesses her case to determine the economic damages she is entitled to, considering her medical expenses, lost wages, and diminished earning capacity. However, they also take into account that Kentucky has a cap on non-economic damages, which may limit the overall compensation she can receive.