Michael | March 7, 2023 | Personal Injury

Every personal injury case is different, which is why it helps to hire an experienced lawyer who can help you understand your unique situation. One of the most challenging parts of a personal injury is determining the appropriate settlement value based on the damages. More severe and longer-lasting injuries call for more compensation. 

You may be entitled to especially significant compensation if you have suffered a permanent injury. Permanent injury settlement amounts are likely to be much higher than settlement amounts for temporary injuries. The exact amount still varies, but the information below can give you some ideas of what to expect when you talk to a personal injury lawyer.

Permanent Injury Compensation Factors

Permanent injury settlement amounts depend on various factors that can be difficult to prove. Compare this to the cost of past medical care and lost wages, which can be verified and summed up to a firm amount. Once you start thinking about non-economic or potential future damages, the insurance company or defendant might try to downplay the severity of your permanent injury.

A personal injury lawyer will consider all of the following in the attempt to win you a fair settlement for your permanent injury:

  • Visible Difference and Disfigurement – Permanent, visible scarring or other types of disfigurement can lead to significant emotional pain and suffering. This component is crucial when the victim is young or works in a job where appearance is essential.
  • The Age of the Victim – As younger victims might suffer more distress from visible scarring, they also have to live with their injuries for longer.
  • The Severity of the Permanent Injury – Also known as the level of disability, this is a consideration of how severe the permanent damage is. For example, if the victim needs ongoing support to complete daily tasks, an attorney could make a case that the level of permanent disability is exceptionally high. In severe situations, the victim may need a massive settlement to cover the necessary equipment and assistance.
  • Loss Of Earnings and Future Wages – If your injury lowers your earning potential, you should be compensated for the difference. Your personal injury lawyer is likely to work with an accountant who can provide a professional opinion on how much more money you would be able to earn without the injury.

When assessing the factors above, it is critical to consider the victim’s pain and suffering. Pain and suffering might be the most prominent factor leading to large settlements in personal injury cases. Victims who have been physically or emotionally traumatized by their incidents will likely receive greater compensation benefits.

When Limited Funds are Available

Sometimes, the size of the settlement is limited. Auto insurance claims often limit the victim’s settlement amount. It depends on your insurance company and the other driver’s insurance. Workers’ compensation claims also have limits, which vary by state. Because these limits vary by state, hiring a local personal injury lawyer is critical.

What Are the Most Common Types of Permanent Injury Claims?

A permanent injury causes lasting changes to the victim. These changes might be mental or physical, especially if they prevent the victim from doing everything they could do before the incident. The following are some of the most common physical injuries that make it hard to complete work, daily routines, and other tasks.

Traumatic Brain Injury

Severe brain trauma can prevent a victim from completing even the most basic tasks. People who have suffered traumatic brain injuries can experience memory loss, forgetting how to tie their shoes, do their jobs, or even speak. Traumatic brain injuries might also cause lasting pain, such as migraines or severe headaches. 

Some brain trauma victims even experience mood swings and mental health problems. The effects of brain injuries are not always immediate and often go unreported. Your personal injury attorney might ask if you have experienced any delayed concussion symptoms.

Whiplash

Whiplash happens when your head or neck snaps back hard enough to damage the top part of your spine. In addition to spinal problems, the victim might suffer damage related to their muscles, tendons, and ligaments. Discomfort in the upper back and neck is especially common. Especially severe cases of whiplash can cause paralysis.

Recurring Back Pain

Back pain is common because many things can cause it. The victim might have a fracture, sprain, pulled muscle, or slipped disc. These kinds of conditions can make it difficult to enjoy life and be productive, not to mention physical discomfort. 

Paralysis

A skilled personal injury lawyer can clearly show how paralysis will change the course of the victim’s life. Paralysis is also likely to lead to extremely high costs for the victim. As a result, judges and juries will likely award a larger personal injury settlement for this severe medical condition. 

Amputation 

Amputation, like paralysis, is undeniably severe. Modern medical professionals look to amputation as a last resort, and a judge or jury will be able to see the effect of the procedure with their own eyes. Even with modern technology, such as advanced prosthetics, amputation victims will likely receive large settlements.

What Are the Types of Compensation for a Permanent Injury?

Permanent injury settlement amounts can come from three types of damages: special compensatory damages, general compensatory damages, and punitive damages.

Special Compensatory Damages

Also called economic damages, these are funds to cover the victim’s costs. For example, special compensatory damages might go toward medical costs like physical therapy, medication, or hospital visits. Special compensatory damages might also be compensation for lost wages and benefits. These expenses can last for years because the injury is permanent. 

General Compensatory Damages

General compensatory damages exist to address the victim’s pain and suffering. When a permanent injury changes the entire rest of your life, it can cause a lot of stress. Whether you are in a great deal of pain or cannot do what you used to, a permanent injury takes away from your quality of life in ways that cannot be measured. 

A personal injury lawyer can work with you to come up with a reasonable amount to seek in general compensatory damages. Your lawyer can also help you convince the judge or jury that the permanent injury settlement amount is fair compensation for your pain and suffering.

Punitive Damages

This is about punishing the defendant, not compensating the victim. When you seek punitive damages, your personal injury lawyer will have to convince the judge or jury that another party’s negligence or malice caused your catastrophic injuries. Examples of negligent behavior might include drunk or distracted driving. Malice implies that the defendant hurt the victim on purpose, and cases involving malice often lead to high permanent injury settlement amounts.

Dealing With Injuries? Work With an Experienced Personal Injury Attorney at Catania and Catania

If you or a loved one has suffered a permanent injury, it might benefit you to contact an attorney for your personal injury claim. The Catania & Catania Injury Lawyers team has been helping Tampa residents for three decades, and we know what it takes to win for our clients. Contact us to schedule a free consultation to learn what kind of permanent injury settlement amount you might receive.

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