If you have a personal injury case, remember to pursue not only the damages you have suffered but also the damages you will suffer in the future as a result of the accident. The following are some pieces of advice to help you pursue future damages.
Include All Damages
Many people think of two things when they think of future damages — future treatments and future lost wages. Whereas those two usually form the highest percentage of future damages, other forms of future damages exist. For example:
- You may need compensation for future household chores that you cannot do due to your injury.
- You may need compensation for the loss of consortium or enjoyment of life that the injury has subjected you to.
- You may need compensation for the mental anguish you will suffer as a result of your injury.
In short, the defendant should compensate you for every loss you will suffer in the future as a result of the defendant’s actions or inactions. Determine the value of all these damages before you accept an offer or go to court.
Don’t Expect Anything after Settlement
The insurance company responsible for the compensation doesn’t owe you anything once you have accepted their final offer. Even if you accept an offer and later discover hidden injuries, don’t expect anything from the insurance company or defendant if you had signed the release form.
Take these measures before you accept a settlement offer:
- Get a professional assessment of your future damages
- Confirm that the insurance company won’t make a higher offer
Don’t rush into a settlement if you feel that you can get a higher offer than the current one. Try to use other resources for survival, bide your time, and employ due diligence to maximize your damages recovery.
Know How to Prove Your Claim
The more you can back up your claims, the more you are likely to increase your future damages. Some of the typical things you can use in your proof include:
- A medical report on your prospects of recovery
- An analysis of how the court handled similar cases in the past
- A comparison of your pre-injury and post-injury income (a statement from your employer will help)
- A medical report on the progress of your recovery
Remember that in law, what you can prove matters much more than your claims.
You Need Professional Help
You may need professional help to determine the value of your future damages. Note that no one has a formula that can determine future damages accurately; the calculation of future damages is not an exact science. In many cases, your final compensation will depend greatly on the strength of the argument you can put up.
For one, you need an experienced attorney to help you put up a strong case for your claims. If you don’t have experience in the legal industry, you are unlikely to get much in terms of compensation for future damages.
Expect the defendant, through their insurance company, to put up a spirited first to refute your claims. They will come with experts in various fields to defend their case. One of the best ways to counter the defendant’s claims and prove your point is to have expert witnesses. For example, you may need medical doctors, economists, career analysts, among other expert witnesses.
Hopefully, the advice above will help you get the compensation you deserve either as a settlement or a court judgment. The pursuit of future damages after an accident is an uphill task. Let St. Martin & Bourque LLC help you with the case to maximize your chances of damages recovery. Contact us for a free initial evaluation of your case to chart the way forward.