What if the Catastrophic Injury Has Resulted in Permanent Disability?
A personal injury claim can result in medical expenses and lost wages while you are physically recuperating. While these costs can seem exorbitant, nothing compares to an individual who has suffered injuries in a catastrophic accident. With most catastrophic injuries resulting in permanent disability, you are likely to experience long-term losses. To be compensated adequately, both past and future damages will need to be considered.
At Mark C. Tanenbaum, our team of professionals believes that you should be compensated for losses you endure as a result of another’s carelessness. Keep reading to learn what types of damages you may be eligible to recover, as explained by our Charleston catastrophic injury attorneys.
Loss of Future Earnings
A catastrophic accident can impact your ability to work for the foreseeable future, inhibiting you from providing for your family. Loss of future earnings is calculated by determining what income you would have earned had your injury not occurred. Several factors are taken into account, including your age, the number of working years you have left, and your income trajectory based on your education level and the likelihood of periodic promotions.
If the catastrophic injury forces you to take a lower-paying position, but you are still able to work, you can still claim a loss of future earnings. However, you will need to deduct any earnings post-injury to determine the true financial toll of the accident on your bank account.
Future Medical Expenses
A permanent injury will result in scans, surgeries, and months of rehab, with no end in sight. The debilitating nature of a catastrophic injury requires ongoing treatment, resulting in not just past but future medical expenses. Future medical damages can only be determined after a physician declares that you have reached maximum medical improvement or MMI. MMI is the point at which you will no longer make any substantial medical recovery, even with consistent and continuing treatment.
MMI is determined once a patient’s condition has stabilized, although it in no way implies that a person has recovered from his or her injuries. It is entirely possible for a doctor to state that you have reached MMI even if you still suffer from a permanent disability. Unfortunately, estimating future medical costs is not an exact science. As we age, our ailments often worsen, with physicians having the skills and medical knowledge to predict the natural course of our condition. At Mark C. Tanenbaum, P.A., our Charleston catastrophic injury lawyers work closely with treating physicians and medical experts to project your future medical costs.
Pain and Suffering
Noneconomic damages are non-pecuniary losses that affect a person’s quality of life. Sometimes, these are simply referred to as pain and suffering damages. Given the subjectivity of these damages, it can be a complex process to determine how to adequately compensate someone for such losses.
While there are two prevalent methods of calculating pain and suffering damages, at Mark C. Tanenbaum, P.A., we find that the multiplier method provides the most accurate reflection of these invaluable losses. This method awards pain and suffering damages based on the seriousness of your injuries. It involves taking your total economic losses and multiplying this number by the severity of your injuries (based on a scale rating of 1.5 to 5) to determine your total noneconomic damages. Given the impact that a catastrophic injury can have on your relationships with family and friends, noneconomic damages often exceed economic damages.
Injured? Contact Our Charleston Catastrophic Injury Attorneys
The debilitating nature of a catastrophic injury can have negative ramifications that affect the rest of your life. If you or a loved one have been inflicted by the physical, emotional, or mental trauma that accompanies a catastrophic injury, our legal team is here to help. To learn more or to arrange your free case consultation, contact Mark C. Tanenbaum, P.A., today online or by phone.