Personal Injury Lawsuits – Calculating the Damages Award
Medical records review is vital in evaluating personal injury cases. Here we examine the types of damages award and how damages are calculated.
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A personal injury lawsuit may stem from a car accident, slip and fall, or other kinds of injuries, and medical records review is a very significant step in the evaluation of such cases. An important consideration in such cases is how much the case is worth. In other words, it is an assessment of what the injuries have cost the person physically, mentally, and monetarily.The entity found to be legally responsible for the accident has to pay the money damages to the injured person, and this is usually done through their insurance company. When evaluating the injury claim, the insurance company would consider the total medical expenses related to the injury. Here, lawyers working for insurance companies typically make use of medical review services to decide the viability of the case and determine the extent of damages. The total medical expenses are usually referred to as “medical special damages” or “specials.” This amount provides the base figure for the insurance adjuster to calculate how much to pay the claimant for pain, suffering and other non-monetary losses which together constitute “general” damages.Personal injury cases are either settled out of court, or via a trial in court. Types of Damages Awards Damages awarded in personal injury cases may be compensatory and punitive. •
Compensatory damages: This is awarded to compensate the plaintiff for all the consequences of the accident and injury. Compensation can be for the following: o
Medical expenses: The cost of medical care is reimbursed to the plaintiff. This includes expenses for the treatment already received and also for the medical care the person may need in the future for the injury caused by the accident.
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Compensation for lost wages: The plaintiff may be found entitled to compensation for the accident’s impact on his/her salary and wages. This includes money he/she has already lost as well as that which they may lose in the future because of their inability to work.
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Pain and suffering: Compensation for pain and suffering is calculated on the basis of the pain and suffering the plaintiff went through during the accident, as well as any ongoing pain that can be attributed to the accident.
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Emotional distress: Some states in the US consider emotional distress as part of any pain and suffering damage awarded to the plaintiff. This is awarded usually in
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psychological impacts such as fear, insomnia, anxiety and so on. o
Loss of enjoyment: If the injury prevents a person from pursuing their preferred activities such as exercise, hobbies and other recreational activities, they may be entitled to receive loss of enjoyment damages.
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Loss of consortium: This has to do with the impact the personal injury may have on the plaintiff’s relationship with their spouse. In some US states, the separate impact on the relationship between a parent and their child following the injury is also considered. Loss of consortium damages may be awarded directly to the affected family member rather than to the injured plaintiff in some cases.
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Loss of property: If the accident has caused damage to vehicles, clothing or other items of the plaintiff, reimbursement may be given for repairs or compensation may be provided for the fair market value of the lost property.
Then there are the punitive damages. This is awarded in cases where the defendant’s conduct has been extremely careless or reprehensible. These damages are given with the objective of punishing the defendant for its conduct, and prevent such future behavior on the part of the defendant. Most states have a cap on punitive damage awards in personal injury cases. Plaintiff’s Action/Inaction Could Impact the Damages Aware There are instances when the plaintiff’s actions or inaction can have an impact on the damages award. •
Contributory negligence: A few states in the US follow this concept for personal injury lawsuits. In such states, the plaintiff may not receive any compensation if he/she is found partially responsible for the accident.
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Comparative negligence: A plaintiff who is found to be at fault for the accident that caused the injuries may find that their damage award reflects that. Most states follow the comparative negligence concept and adhere to a certain standard that connects damages to degree of fault in personal injury cases.
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Failure to mitigate damages: In most states, the law expects plaintiffs in personal injury cases to take the steps necessary to minimize the financial impact the accident may have caused. They should obtain the necessary medical treatment after the accident, and ensure that their injuries do not become worse.
$3 Million Awarded in a Personal Injury Case In a recent verdict, a personal injury award of $3 million was granted in a case involving post-concussion syndrome. The plaintiff in the case is a high-end bartenderPhilip Lipari who received a concussion from a falling 75-pound bar-flap that had been recently installed a the Gold Coast restaurant, Del Frisco’s. The bar-flap failed to stay open and fell on the plaintiff as he moved through the opening. He was rushed to the ER room where he was diagnosed with a concussion.
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Medical expert witnesses called in by the plaintiff’s attorney successfully brought the “hidden injury” to the forefront. The attorney and his staff skillfully conveyed to the jury how devastating the real impact of the injury was. A concussion such as that sustained by Lipari can cause severe and permanent damage to delicate brain tissue and microscopic nerve cells, and this could go undetected in CT scans and MRIs. The jury was convinced of the severity and permanency of the plaintiff’s condition and awarded him 3 million dollars. The outcome of a personal injury case is highly dependent on the way the case is handled, the amount of evidence available, and how the medical facts are clearly summarized and presented to the jury and judge. The practical way many attorneys adopt to speed up the medical records review is utilizing medical review services that provide an objective, unbiased summary of the medical facts and events that have a bearing on the case.
www.mosmedicalrecordreview.com
(800) 670 2809