Value of a PTSD Lawsuit – Average Settlement Post Traumatic Stress
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Factors in Determining the Value of a PTSD Lawsuit
1. Severity and Extent of Injuries Suffered Resulting in PTSD: The most important factor in determining the value of a case is the extent and severity of the injury. All too often victims of PTSD suffer from a multitude of other physical and psychological issues which may require extended medical treatment and rehabilitation care. What’s more, victims of PTSD may require long 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 calculate the loss of future income in circumstances where 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 from 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 display either a reckless disregard 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 times the damage awarded by a jury. So for exampl, 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. Further Information: Workplace PTSD Lawsuits Car Accidents Resulting in PTSD [recent_posts limit=”12″]Like This Article? Get Monthly Updates FREE!
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