Columbia Catastrophic Injury Lawyers

The damages start with those that are visible–something that can be calculated and established in a concrete way. Then there are the invisible damages–or pain and suffering–that are more intangible, but no less impactful on the injured plaintiff’s quality of life.

Visible Damages

The visible damages can start with the immediate medical costs of the hospital stay. They will include the costs of rehabilitation. As part of the settlement negotiations–or litigation, if it comes to that–the plaintiff’s attorney can summon testimony from medical professionals on how long rehab will take and what costs will be associated with it.

When a person is catastrophically injured, their home may no longer be suitable. It’s unlikely the house was purchased for the purpose of accommodating someone with a severe physical disability. Rampways have to go in places where stairs used to be. This means significant renovation costs. It means an appropriate living space for while renovation is going on. It may even mean having to sell the house and buy a new one entirely. All of which are costs that go into a fair settlement agreement.

Lost wages at work are easy to calculate, based on what is in a person’s W-2 or 1099 forms. What’s less easy to calculate is how much a person may have lost in terms of their career growth. Even working for a supportive company doesn’t make a plaintiff able to do the extra work it might take for significant career advancement. Did they plan on getting an MBA or other form of advanced degree? That plan is at least on hold, perhaps never to return.

A Columbia, SC catastrophic injury lawyer can call forth witnesses with knowledge of the plaintiff’s field. The expert witness can shed light on how much income was lost over the arc of years due to the injury.

Invisible Damages

The injured plaintiff’s life has been altered, quite possibly forever. Hobbies they once enjoyed might no longer be possible. The ability to enjoy an outing with family and friends might be drastically reduced, if not completely eliminated. The plaintiff may be dealing with post-traumatic stress disorder, unable to sleep peaceably and dealing with mental anguish while awake.

How do you place a dollar value on time with family and friends? How do you monetarily measure being able to sleep at night? For that matter, how do you prove your suffering in this regard to an insurance company’s legal team and, potentially, to a jury?

As to the first two questions, the monetary value of joy and peace of mind, the answer is that you can’t. What the state of South Carolina can–and is obligated–to do–is at least make a fair effort to provide some level of compensation for the negative life-altering changes that the catastrophic injury has induced.

Proving one’s pain and suffering can be done with witness testimony from family, friends and others who interacted with the plaintiff both before and after the injury. Testimony can come from mental health professionals, particularly those who may be treating the plaintiff. A plaintiff can also keep a journal, chronicling their struggles, and introduce that as evidence. The goal is to simply allow the evidence to paint a picture of what life is now like for the plaintiff since the injury.

The damages for pain and suffering can then be calculated in one of two ways. The multiplier method takes the figure that was reached on visible damages and multiples it by a number anywhere between 1 and 5. Insurance companies and courts can also use the per diem method, wherein a daily cost of the injuries is calculated, and the estimates are made as to the number of days suffering is expected to continue.

Relentless Lawyer for Serious Cases

All of these damage calculations, from the visible to the invisible, call for an experienced and competent hand guiding the plaintiff’s legal team. Mann Blake & Jackson has delivered verdicts in excess of $50 million for clients. We understand what it takes to get a fair settlement and we fight hard to make that a reality. We’ll fight for you and your loved ones too.