When people decide to have a day of fun or a night out on the town, injury and trauma are the last things on their minds. For instance, if someone visits a new restaurant with their spouse, they are not concerned about slipping on a wet floor or tripping over a step.
If something like this has happened to you and you sustained a life-altering injury because of it, you have grounds to file a personal injury case. Suing the at-fault party after sustaining such an injury can help pay for the inevitable medical bills and other expenses.
Life-altering injuries typically mean a higher settlement, but it is important to understand how your injury can affect your case. This will ensure that you receive fair compensation.
What is a Life-Altering Injury?
A life-altering injury or lifelong injury is something you are unlikely to recover from or an injury that will cause health problems for the rest of your life. Some of the most common life-altering injuries include the following:
- Spinal cord injuries
- Traumatic brain injuries
- Severe burns
- Amputations
- Disfigurement
- PTSD
Life-altering injuries impair a person’s physical and mental ability to perform tasks, keep a job, or live independently. They require round-the-clock medical care and rehabilitation.
How Your Life-Altering Injury Will Affect Your Legal Case
The extent of your injury is one of the main factors that determine how much you are awarded in your personal injury case. As mentioned, life-altering injuries usually mean higher settlements because of the financial and mental burden on the plaintiff.
Moreover, the following elements play a role in how your settlement will be calculated:
Medical expenses
Your injury will likely result in a mountain of medical bills. In 2024, healthcare costs continue to rise, which means the cost of surgery, hospitalization, physical therapy, and home care will be more expensive than ever before.
This is why your personal injury settlement must cover your initial medical expenses as well as your future medical expenses. The insurer or at-fault party must consider your future medical needs when making a settlement offer.
Keep in mind that your settlement may also include home modifications if your injury requires a ramp or changes to your living areas and bathrooms.
Loss of income
If your injury means you can no longer work, your settlement must include a payout for lost income. This means calculating the income you have already lost and the future earnings you can no longer make.
Calculating future lost earnings must take into account your age and profession. It must also consider your skills and how your injury impacts them. This is not an easy calculation, especially if you are self-employed.
The calculation will also be complicated if you have a high-earning job where you are guaranteed a promotion or future increases. This means your settlement amount could reach millions because of the lost earning potential over your lifetime.
Pain and suffering
The non-economic impact of your injury will also affect your eventual settlement. Any life-altering injury can cause emotional trauma, mental distress, and a reduction in your quality of life.
If you are suing for non-economic damages, you may be awarded a monetary sum in recognition of how your injury has disrupted your life.
Furthermore, courts often consider psychological injuries like anxiety, depression, and PTSD when calculating pain and suffering damages. Remember that non-economic damages are subjective, so you will need a lawyer to help you describe the extent of your injuries during your legal case.
Permanent disability and disfigurement
Permanent injuries like an amputation or paralysis require lifelong care. If you suffered injuries to your spine, causing you to develop paraplegia, you will need specific medical equipment, home modifications, and ongoing home care.
If your injury caused you to suffer permanent disfigurement, it will likely affect your emotional stability and lead to a loss of self-esteem. Both these scenarios will factor into your total settlement amount.
Rehabilitation and therapy
You will likely need physical therapy and psychological counseling after sustaining a life-altering injury. In most cases, people with lifelong injuries need these services for the rest of their lives.
They also are not free, so your settlement amount should account for these expenses.
Legal Trends Impacting Personal Injury Settlements
Before successfully suing for compensation after sustaining an injury, you must prove that another person or party is to blame. In 2024, several growing trends will affect how life-altering personal injury claims are handled.
For instance, your lawyer may use digital evidence to understand better the incident that caused your injury. Digital evidence includes surveillance footage, social media, smart technology, and wearable devices. As such, plaintiffs must also be more careful about what they post on social media. Their online activity may be scrutinized and may influence settlement amounts.
Another trend is the continued rise in the cost of medical care. Your lawyer must use this as an argument when negotiating your settlement. Medical technology has come a long way, too. With MRIs and CT scans, doctors and legal experts can get a much clearer picture of your injuries. This means they can figure out the extent of your injuries and how long they’ll take to heal. This is great news, because it means plaintiffs can get a settlement that’s fair and reflects the full extent of their injuries.
Some states have revisited or overturned caps on non-economic damages, allowing plaintiffs to receive higher settlements for pain and suffering. This is good news for anyone who wants to pursue extra compensation for pain and suffering due to a life-altering injury.
Fair Compensation Can Help You Get Your Life Back
While it is true that your life will never be the same after a life-altering injury, a fair compensation payout can make things easier for you. You can pay for the medical treatment you need now and in the future. You will have funds that make up for your lost income.
Working with an experienced personal injury attorney is crucial to ensure you receive the compensation you deserve. Personal injury lawyers understand how complex these cases can be and will fight for a fair settlement on your behalf.
