Even though the head injuries reported by car accident victims assume a huge range of severity, and even though each of those victims reports a different set of symptoms, the insurance industry has one formula for determination of a head injury’s value.
Extremes in range of severity for a head injury
• A small bump on the head’s surface
• Evidence that the victim’s brain moved, while inside of his or her skull
• A few mild headaches
• Evidence of brain damage, such as trouble concentrating or memory loss
An accident that causes a head injury creates special damages, which count as out-of-pocket expenses
• Medical expenses
• Lost wages
• Lost earning capacity
• Property damage
The same accident would give rise to specific general damages.
• Pain and suffering
• Possible humiliation, due to nature of injury
• Possible embarrassment, due to nature of injury
• Mental anguish
• Diminished reputation
Method used to calculate the value of a head injury
Personal Injury Lawyer in Richmond Hill will ask you to make a list of the expenses that feature a clear monetary value; those would be the special damages. Add up the values for all of the special damages.
The general damages do not have a clear monetary value. That value can be estimated by using the sum total for the special damages. Based on that sum, assess the injury’s severity. Then multiply the calculated sum by a figure between 1.5 and 5, with 1.5 being the least severe, and 5 being the most severe condition.Take the resulting product and add other expenses, such as lost wages. Account for any other factors, in order to obtain the injury’s calculated value.
Factors for which the calculated value should be adjusted
• Is the liability clear? In the absence of clear liability, the injury’s value declines.
• What is the plaintiff’s age? A severe injury to a younger person can have an enormous effect on that same person’s life.
• What is the plaintiff’s occupation? How great is any indicated loss of earning opportunities?
• Is the plaintiff a likeable person? Likeability increases the chances for finding future earning opportunities.
• Did the defendant behave in an egregious manner, while committing the act that caused the accident? In addition to any punitive damages, an increase in the value for the plaintiff’s injury can serve as punishment for unacceptable behavior.
• Did the plaintiff try to mitigate his or her damages during the period that followed the accident? The value of an injury decreases if the victim has failed to mitigate the affect of that same medical problem (the injury).
As can be seen from the above list, some factors manage to increase an injury’s value, while others tend to diminish the value of the same medical condition.