Tag: employment

My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?

Pain Suffering Age Factors Injury Law

My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?

Your father’s accident was tragic and it is unfortunate that his recovery will be so long and arduous. The best our legal system has to offer him is financial compensation. Your father will be entitled to economic damages and non-economic damages. Economic damages are usually easy to quantify, and cover such things as lost wages, medical bills, transportation costs, property damages, etc. Non-economic damages include inconvenience, and pain and suffering. There are also punitive damages, which could be assessed in this case if the manufacturer of the vehicle is found liable. Punitive damages are to punish the negligent party.

Your attorney will pour over the facts to determine who is responsible for the accident and sue the appropriate party or parties. Medical bills and doctors’ reports will be provided to the responsible parties. Your attorney may hire an economic expert to determine what your dad’s lost earning capacity will be, depending on whether or not he was still working at the time of the accident, and whether or not he will be able to one day work again. The responsible party’s attorney will likely take your dad’s deposition (testimony under oath) to find out more about him and to test his credibility.

Is age a factor? Absolutely, and here is how it applies. In general, and with all things being equal (which they rarely are), a 40 year old will have a more valuable case than a 60 year old simply because he has a longer work-life expectancy. Comparing two 60 year olds, employment vs. retirement is a key factor; the one who is employed has a higher value case assuming his employment will be impacted by the injury. Attorneys and economic experts use life expectancy tables and work life expectancy tables as tools to help them with these questions.

Beyond all of the economic damages, your father will be entitled to money for his inconvenience and his pain and suffering. This is not easy to quantify, and attorneys and insurance companies look to other similar cases to compare and contrast the facts of your case.

Since we don’t have all of the details about your father’s case, let’s look at a hypothetical case, and you will get an idea of how these types of injuries are valued. Suppose, for example, that the same injury occurred involving a 60-year-old retired mid-level business manager. He is unmarried and lives in a house. His attorney is suing the vehicle manufacturer and the other driver.

Economic Damages
Dr. bills to date $ 24,000
Ambulance$ 450
Hospital$ 31,000
Medicine$ 3,500
Future (est.) dr./rehab. bills$ 50,000
Future (est.) medicine$ 38,000
Lost wages/lost earning capacity $ 0
Home medical caretaker (est. 2 yrs.) $ 48,000
Gardener/housekeeper (est. 5 yrs.) $ 160,000
Potential total economic damages$ 354,950
Non-economic damages
Inconvenience, pain and suffering $550,000-$700,000
Total Settlement Range $900,000-$1.1 mil

This is an example of a possible calculation of a settlement based on fictitious facts and figures. Your individual case may vary from this substantially.

If you lived in Los Angeles, the amount might be significantly higher. If you lived in Jackson, Mississippi, it could be much lower. In addition, as indicated above, some states have put a cap on non-economic damages and the amount for inconvenience and pain and suffering would be limited.

For information on how to value your specific claim, and to find out if your state has a limit on non-economic damages, contact a personal injury attorney in your area.

Read more for related video clips.

Continue reading “My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?”

I am a 28-year-old auto mechanic and the sole support for my wife and two young children. I was hit by a drunk driver and permanently paralyzed from the waist down. Will a settlement factor in my inability to work at my previous job and also the the high likelihood that I will not be able to earn as much now?

Personal Injury Settlement Lost Wages Injury Law

I am a 28-year-old auto mechanic and the sole support for my wife and two young children. I was hit by a drunk driver and permanently paralyzed from the waist down. Will a settlement factor in my inability to work at my previous job and also the the high likelihood that I will not be able to earn as much now?

It is difficult to state with certainty how your particular case will be assessed. Your settlement will compensate you for the fact that you will have to change occupations, but only to the extent that your new occupation is lower paying and that you may not be able to work as long due to your disability. Here is an example with some fictitious figures and facts that might help:

Suppose John is in the same situation. He was in the hospital following the accident for 6 weeks until he could come home. He is permanently in a wheelchair and, even though he can move his upper body, he can no longer perform the functions required of a mechanic, like bending and crawling under cars. He is a gifted mechanic and would like to somehow stay in the business. He also has a wife and two young children, ages 3 and 5. His wife does not work outside the home. Now there won’t be any chance of her going to work because, at least for the time being, John will need care 24/7 for at least 6 months, unless they hire someone to provide home care. John’s lost earning capacity less the amount of money he eventually may be able to earn in a different job will be part of his economic compensation. It is speculative, because no one knows what kind of job John will end up with ultimately. Loss of earning capacity also takes into account one’s age, level of education, skills, experience and previous employment history. An attorney or forensic economist would use work-life expectancy tables to determine how long a work life John will have based on analysis of normal life expectancy and reduced life expectancy. Here are some sample figures:

Economic Damages
Hospital/Medical bills$ 124,000
Wage loss for 6 weeks in hospital$ 6,000
Medicines (including future)$ 90,000
Lost earning capacity (over normal work life to age 65 adjusted for inflation & for ed., skills, etc.) $2.22 mil
Less salary he will earn in future (e.g., managing auto shop front office to age 50) ($ 880,000)
Difference in retirement and benefits$ 650,000
Home medical care if wife has to work (less wife’s income as teacher)$ 896,000
Home medical care if wife doesn’t work $1.6 mil
Social Security Disability Insurance (until able to work–about 6 months)$ 5,200
Social Security Disability Insurance income (if working in other occupation) $ 0
Potential total economic damages$3,815,200

Non-economic Damages
Loss of consortium$ 500,000
Inconvenience and Pain and Suffering$5 mil – $8 mil

Total settlement range $9.3 mil – $12.3 mil

Please note that John’s wife may also sue for loss of consortium. Again, this is based on limited information and is an example of a possible calculation of a settlement based on fictitious figures and facts. Your individual case may vary from this substantially.

If you lived in Louisville, Kentucky, the amount might be substantially lower than if you lived in Boston. In addition, some states have put a cap on non-economic damages and the amount for loss of consortium, inconvenience, and pain and suffering would be limited.

For information on how to value your specific claim, and to find out if your state has a limit on non-economic damages, contact a personal injury attorney in your area. Economic damages when long-term earning capacity is at stake can be tricky. Be sure your lawyer has experience in this area.

Read more for related video clips.

Continue reading “I am a 28-year-old auto mechanic and the sole support for my wife and two young children. I was hit by a drunk driver and permanently paralyzed from the waist down. Will a settlement factor in my inability to work at my previous job and also the the high likelihood that I will not be able to earn as much now?”