In our previous post, we discussed the different types of financial damages an accident victim may be able to pursue when they have been injured because of the negligence or recklessness of another party. Victims who have suffered catastrophic or permanent injury are often able to collect future damages in their personal injury claim. These future losses include medical expenses, loss of earning potential, and pain and suffering.
Damages for Future Medical Expenses
Catastrophic or permanent injuries often leave the victim facing years of recovery and the need for future treatment, surgeries, therapy, and other types of medical treatment. There is no maximum cap on the amount of medical expenses a victim is allowed to be reimbursed in personal injury claims. Either the insurance companies or the courts – if the case ends up being litigated – makes that determination based on the circumstances of the case.
Just as all past medical expenses may be included in a personal injury claim settlement or award, all future medical expenses may be too. These expenses can include:
- All future hospital stays and expenses associated with those stays
- All future surgery expenses. These costs are usually estimated
- All diagnostic testing
- All medication the victim will need for the rest of their life
- All rehabilitative and therapy costs, including mental health, occupational, physical, and vocational therapy
- All medical devices and equipment
- Any necessary modifications to the victim’s home, such as wheelchair ramps, widened hallways and doorways, counter height modifications, bathroom retrofitting, and medical equipment installation
Damages for Future Earning Loss
When a Virginia personal injury attorney calculates a victim’s future earnings loss, it is not based on the income the victim was earning at the time of the accident. Instead, the attorney examines the ability the victim has to earn a living. They will first examine what that earning capacity was before the injury and then compare that to the reduction in the victim’s current earning capacity now that they are disabled. The difference between those two amounts is what the court considers the lost earnings.
Damages for Future Pain and Suffering
Every case is different, and every victim has different circumstances their injuries will cause them. Damages for future pain and suffering can include chronic pain, depression, loss of quality of life, and other physical and emotional struggles.
There are two common ways that a personal injury attorney may use to determine what amount a victim deserves. One is referred to as the multiplier method and the other is the per diem method.
Contact Our Virginia Personal Injury Law Firm Today
If you or a loved one has suffered injuries in an accident that was caused by another party’s negligent or reckless actions, contact a Virginia personal injury attorney from Shapiro, Washburn & Sharp to find out what legal recourse you may have. It is critical to remember that Virginia has placed a statute of limitation on how long victims have to file a personal injury lawsuit against those responsible for their injuries, so do not delay. Failure to file before that legal deadline could mean you lose any chance of ever filing your claim or getting justice against the person responsible for you or your loved one’s injuries.
Contact our office today to schedule a free and confidential case evaluation with one of our dedicated Virginia accident attorneys.