Catastrophic Injury Damages Are Hard to Calculate

Some feel putting a dollar figure on injuries is demeaning to the victim. Compensation is the only method the law provides to a victim of negligence.

“Some people feel that trying to figure out a dollar amount for someone’s injuries, their pain and suffering and other economic losses is insulting; insulting because it reduces something so very personal and painful to cash. Others feel the victims likely played a part in their own accident and they should just take responsibility and get on with their lives. Granted that translating pain into an economic value may be controversial, but is the only way a victim can be compensated,” remarked Ty Gomez, who writes for the Dallas based The Gomez Firm.

Frankly, without the recourse of going to the courts for financial compensation for the negligent acts of others, where would society be today? The legal system that translates pain into money is the only system we have that works, and it’s going to be with us for many more years to come. Having said that, the next question we need to ask is how much is an injury case worth? “That is the million dollar question and one that a client would have no way of answering, but an attorney with experience handling catastrophic personal injury cases would. They would have information about how juries in the area in which they live have looked at these questions in the past,” suggested Gomez.

Most lawyers are able to evaluate injuries in a variety of ways. Let’s take an example of a simple case that may involve back and neck strain – otherwise referred to as soft tissue injuries – that will take time to heal. “So in cases like that, they factor in the length of treatment and the amount of medical bills. How they arrive at a final figure is dependent on other factors such as age of the person, lost wages, time off work and other considerations,” outlined Gomez.

Other injuries that are far more serious, such as bone fractures and ruptured discs or injuries that produce scars usually merit more compensation because the insurance company knows these can’t be faked. Soft tissue injuries are often regarded with a jaundiced eye for that reason.

Generally speaking, the severity of the injury affects or influences the settlement offer, as does the characteristics of the plaintiff – meaning a serious scar on the face of a younger, attractive woman may be worth more in the eyes of a jury than a scar on the hand of an elderly male, etc. “Each case is different and all the factors that make up each case are different as well. However, in order to get an idea of what your case is worth, you would ideally need to speak to an experienced personal injury lawyer,” Gomez advised.

The Gomez Firm is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.