Post traumatic stress is an affliction that can be cause by a myriad of traumatic events ranging from wartime combat, physical abuse, acts of violence, car accidents and workplace bullying, harassment and discrimination. The value of a case is predicated on several factors including the severity of the injury, whether other injuries were are involved in the claim against the at fault party, and the availability of insurance or other forms of assets on the part of the liable party. Every personal injury case or workplace incident case is unique, thus average settlement predictions for all cases of a certain type is difficult to calculate without a thorough case analysis by an experienced personal injury attorney.
Nonetheless we have provided you with a set of factors which can play a significant role in calculating an estimated value of a case involving the development of post traumatic stress syndrome. If you have further legal questions after reading this article feel free to contact our law firm toll free at (855)385-2529. All consultations are free of charge.
Factors in Determining the Value of a PTSD Lawsuit
1. Severity and Extend of Injuries Suffered Resulting in PTSD: The most important factor in determining the value of a case is the extend and severity of the injury. All too often victims of PTSD suffer from a multitude of other physical and psychological issues which may required extended medical treatment and rehabilitation care. What’s more victims of PTSD may require ling term therapy, counseling and prescription drug care which may cost tens of thousands of dollars each year.
2. Lost Wages and Loss of Future Income Associated With Inability to Work: In certain instances injuries including mental stress, trauma, anxiety disorders, or PTSD, are so severe that victims are not able to return to work for weeks, months, or years following a traumatic event. Pay stubs, and tax information may be used to determine the dollar amount lost due to inability to work. Vocation experts are hired to calculated the loss of future income in circumstances were individuals are unable to perform the same job in the future due to a disability or long term psychological impact.
3. Pain and Suffering Compensation: Under common law victims of injury including psychological trauma are entitled recovery for their pain and suffering. In the state of California juries calculate the recovery amount for pain and suffering based on a per diem process. For example if the estimated days a person suffers form his or her injuries is 600 days and a jury places a per diem (or per day) value of the pain and suffering at $500 per day then the verdict will be placed at $300,000.
4. Availability for Punitive Damages: Courts award punitive damages where defendants displays either e reckless disregards for safety of others or shows an intent to cause harm. Punitive damages are meant to punish at fault parties so that they will refrain from such actions in the future. Punitive damage awards have been limited by the US Supreme court to no more than 10 time damage awarded by a jury. So for example if a jury in workplace discrimination case awards $100,000 in damages then a plaintiff may be able to receive no more than $1,000,000 in punitive damages.
5. Insurance and Assets of the At Fault Party: The availability of fungible assets and or the level of insurance policy is a key factor in determining the overall value of a emotional / psychological damage lawsuit.
Attorney Consultation: If you or a loved one have experienced symptoms of PTSD following a traumatic event such as an auto accident, workplace incident, or act of violence contact our law offices to schedule a free case evaluation. Our number if toll free (855)385-2529.