Pain
You should receive money for the pain you have experienced and will experience in the future. Pain is rated as Severe, Moderate, Slight and Minimal. It is either constant or intermittent. Chronic pain is pain that will last for a long time or the rest of a person’s life. Chronic pain is usually the most important part of your damages. It is difficult to place a monetary value on pain. Without the element of future pain your claim for damages relating to pain may have little value.
Suffering
You should receive money damages for the suffering you have experienced and will experience in the future. Changes in life style, depression, anxiety, neurosis and problems with relationships frequently result from accidents and injuries. It is difficult to place a value on suffering. However, you should be compensated for your suffering.
Loss of Enjoyment of Life
You should receive money damages for the loss of enjoyment of life that you have suffered as a result of your injuries. Loss of enjoyment of life includes the things that you used to do before the accident, that you can no longer do, have a difficult time doing, or temporarily can no longer do, because of the accident. Examples of loss of enjoyment of life are: hobbies, sporting activities, dancing, going to dinner or the movies, intimate relations with a spouse or significant other, spending quality time with children, spouses, friends, or significant other, etc. Loss of enjoyment of life includes all of the things in your life that you used to do, but cannot do, have a hard time doing, or have temporarily been unable to do. You should be compensated for loss of enjoyment of life.
Loss of income
You should receive money damages for any loss of income you suffer as a result of the accident. If you will lose income in the future the amount of the loss will be calculated. However, future income losses must be reasonably certain to occur. Loss of earning capacity is either you temporary inability to work or a permanent disability restricting your ability to be competitive in the job market. A reasonable value for the loss of earning capacity should be paid by the defense.
Expenses
You should receive money damages for all reasonable and necessary expenses for which you paid, or became obligated to pay, as a result of the accident. The defense is obligated to pay for both past and future expenses. However, as in Loss of Income, the future loss must be reasonably certain to occur.
By Norman Gregory Fernandez, Esq. Copyright 2006