Factors in Determining the Value of Your Case1. Severity of the Injury: A calculation for the severity of the injury will likely be based on the medical diagnosis by a trained physician, medical bills, hospitalizations, and necessity for medication and rehabilitation care. 2. Pain and Suffering: In jurisdictions across the country juries will have to place a monetary value on the pain and suffering a victim of an injury has suffered. Most jurisdictions use a per diem basis to calculate pain and suffering. An example of a per diem calculation is presented below.
- A 64 year old has suffered pain and discomfort due to the implantation of a defective hip approximately 400 days, and is expected to suffer from pain for the rest of her life. According to a vocational expert she is expected to live for another 20 years with permanent pain. The jury places a per day monetary amount of $500 for her pain and suffering. Thus the calculation of would be 400 days plus 20 X 365 days = 7,700 days multiplied by $500 equals $3,850,000.
Learn more about your options for compensation by calling (213) 389-3765.Other Important Factors:
- Punitive Damages: Awarded where an individual acts with malice, intent, or reckless disregard for the life and safety of others.
- Cost of Disability Care: In severe case victims of defective medical hip or knee implants will suffer from permanent injuries and disabilities. Such individuals will likely require permanent disability care including nursing and home care, transportation expenses, and rehabilitation which can amount to millions of dollars in lifetime costs.