One point is necessary to bear in mind, no two cases are the exact same. When one case results in a specific recovery for one litigant this doesn’t mean that your claim is worth the same simply because you were included in the same accident. There are lots of factors and it is sometimes simply the destiny of the draw past the factors themselves.
If you conclude your case it will likely be concluded in one of three manners– arbitration or mediation, trial by a jury or judge, or settlement before filing suit. Now lets consider some of the damage factors to value a car wreck case.
Pain and Suffering.
Pain and suffering is the agony which you suffered as a result of your injury. It’s the pain coupled with a broken bone or the pain associated with injury to the back or neck as an example. In a trial a jury or the judge will put a specific dollar amount on that specific recoverable damage. In most jurisdictions, including Maryland, pain and suffering damages are capped at a specific dollar amount no matter how terrible an injury may be. You can thank your legislature for their enlightenment in capping damages in horrific cases that deserve more than a capped amount.
Another significant factor to look at in case value is permanency or permanent injury to the person. Permanency is the level of impairment that doesn’t go away, but instead is life long as an effect of the injury. This particular form of damage is very important because the fact finder is looking at a life time loss to the individual which means a calculation must be done year by year for the rest of one’s life. This can turn into much bigger damage numbers. In any given case, your treating doctor will have to generate the decision as to what level of permanency you have withstood to a reasonable degree of medical probability.
Without a permanency claim for damages, damages will generally be restricted to soft tissue or short term injury. You will be rewarded for pain and suffering for the period of time you suffered. Essentially, if the treating doctor can not testify that you’ve got sustained a permanent injury to a reasonable degree of medical probability, or if there isn’t any finding of a “long-term harm” by a doctor, the fact finder will probably be constrained on damages. Bear in mind that, economic damages such a medical bills incurred and lost wages are not limited like non-economic damages and are designed to compensate for all reasonable and anticipated economic loss resulting from the car crash.
Considering that the law is so specific regarding injuries and the medical documentation, it is important to follow your treating doctors’ recommendations for your own course of treatment. Be certain you inform your doctor in specific detail, about all your injuries because if you fail to do so, it will not be documented and if its not documented, it never happened. Obviously, you don’t over-exaggerate your claim to your medical provider but accuracy and detail is always important.
