FUTURE PERSONAL INJURY DAMAGES
Primary Losses
The three primary categories of damages recoverable in a personal injury action include the cost of medical expenses associated with the accident related injuries; the amount of lost wages or income because of the injuries; and the value of the pain, suffering, and disability associated with the injuries suffered. In each category, there can be a recovery for both past and future losses.
Past such losses are more easily determined than future losses because they have already happened. To achieve an award for future losses, one must look in to the future and project what is most likely to happen and calculate damages on that projection.
Future Losses
In determining future damages as a result of plaintiff's injuries, one may consider the fact that at this time the plaintiff is a certain age and has a life expectancy of a certain number of years. Mortality tables which give the expectancy of life of a person of a certain age are used as an aid in determining such expectancy. Those tables are not conclusive or binding as to plaintiff's actual or probable expectancy of life, but are used as guidelines. Mortality tables are based upon averages, and there is no certainty that any person will live the average duration of life rather than a longer or shorter period. To determine the probable length of life of any individual, one must consider all of the facts and circumstances about the plaintiff that bearing upon that subject.
For example, mortality tables suggest that a 30 year old white male has a life expectancy of 47 years. So, in determining an appropriate amount of damages for future losses, one must consider the fact that a 30 year old man is likely to continue to incur medical expenses, lose income, and endure pain and suffering for an additional 47 years after the present date. Of course, this is only done when the evidence suggests that the losses are likely to continue for the rest of that 30 year old man’s life.
There is often times a bigger battle with the defendant insurance company over the reasonable value of future losses than over past incurred losses. As well, causation in personal injury claims and negligence are vital to determining damages.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
