How Are the Values of Amputation Injuries Calculated?
An amputation injury will irrevocably change your life. You will have to learn how to adapt to life without one of your limbs or digits; something that can have a profound impact on many daily tasks. If someone else is at fault for causing your amputation, you have the right to seek maximum financial compensation for this permanent injury.
Types of Compensation Available
Understanding the potential value of an amputation injury claim in California begins with an assessment of the economic and noneconomic damages involved in the case. Economic damages refer to the victim’s monetary or financial losses, while noneconomic damages are the intangible losses suffered.
Economic damages may include:
- Past and future medical costs
- Hospital stays and emergency care
- Surgeries and other treatments
- Prosthetics and medical devices
- Physical therapy and rehabilitation
- Disability accommodations and assistive devices
- Lost wages and future capacity to earn a living
Noneconomic damages can include:
- Physical pain and suffering
- Ongoing or chronic pain
- Emotional distress or mental anguish
- Anxiety or depression
- The psychological impact of losing a limb
- Lifestyle changes
- The loss of independence
- Lost quality or enjoyment of life
- Permanent disfigurement or disability
An attorney can help you list all of your compensatory damages to help you seek fair financial compensation from an at-fault party. You may also be eligible for punitive damages if your case involves a defendant’s gross negligence, fraud or malicious conduct.
Calculation Methods for Economic vs. Noneconomic Damages
Economic damages are calculated using hard numbers, such as the victim’s medical bills. Noneconomic damages, however, are more subjective. They are often calculated using an equation such as the Multiplier Method, which takes the total amount of economic damages and multiplies it by a number between one and five based on the severity of the injury. Since amputations are one of the most serious types of injuries, the multiplier used is often high.
Factors Involved in Settlement Calculations
It is important not to base the estimation of your amputation injury case value on a perceived “average settlement” amount. Average settlements are not accurate, as each case is entirely unique.
The value of a case can vary depending on many factors, including:
- The severity and location of the amputation injury
- The impact the injury will have on the victim, now and in the future
- The impact the amputation injury has on the victim’s family
- The victim’s age and health
- The number of liable parties involved in the case
- The victim’s comparative negligence (fault for the accident)
- The amount of insurance coverage that can be accessed
In general, the damages resulting from a severe injury such as a loss of limb are greater than those resulting from minor injuries; therefore, these victims are eligible for greater financial compensation for their harm.
How to Maximize Your Financial Recovery for an Amputation Injury
A successful amputation injury case can make it easier for you and your family to move forward after this catastrophic injury. With assistance from an experienced LA personal injury lawyer, you can collect the financial compensation that you need to pay for past and future losses.
An amputation lawyer in Los Angeles can take over settlement negotiations with an insurance provider to fight for fair damages on your behalf. If necessary, your attorney can bring your case to trial for the best possible case results. Hiring an attorney can ensure that you get the outcome that you deserve for this life-changing injury.