Establishing Future Losses in a Personal Injury Case

Injuries caused by the negligence of someone else can have a profound impact on a victim's life. In a personal injury case, there are immediate losses that typically include pain and suffering, medical bills and expenses, and lost wages. In addition, in a personal injury case, a victim of someone else's negligence may need to make a claim for future losses as well. There are some basic elements in personal injury law associated with establishing future losses that a negligence victim must understand.

Types of Future Losses

There are several different types of future losses that personal injury law permits recovery for in a case involving negligence caused by a third party. In many cases, an injured person requires ongoing medical care, treatment, and therapy for an extended period of time. These costs represent is a type of compensable future losses.

On a related note, the pain and suffering associated with an accident can not only be severe, but also long-enduring. As a result, future pain and suffering arising from the injuries associated with an accident are also compensable.

A person injured in some type of accident is likely to be off work for a period of time. When injuries are particularly serious, a person may not be able to return to his or her position of employment any time soon, if at all. Future lost wages represents another category in which an injured person can seek compensation for future losses.

Reasonably Foreseeable Losses

In order to obtain compensation, a demonstration must be made that the losses are reasonably are foreseeable. This essentially represents a two-step analysis in a personal injury case.

First, there needs to be a demonstration that they underlying reason for the specific category of loss is expected to continue into the future. For example, the underlying injury will continue to necessitate medical care and will result in an ongoing diminution in wages.

Second, a consideration of the value to be attached to these future losses also needs to occur. Simply because medical expenses or lost wages are at a particular level today does not mean that will persist into the future at the same rate.

Expert Witnesses

When it comes to future losses and personal injury law, the assistance of expert witnesses can also be necessary. A medical expert can present evidence and testimony about what reasonably can be expected to occur in regard to future treatment, care, and therapy. Similarly, an expert like a forensic accountant can shed light on reasonably foreseeable future wage losses in a specific case.

Retain a Personal Injury Lawyer

A personal injury lawyer possesses the expertise to address issues like future losses. A personal injury lawyer usually schedules an initial consultation to evaluate a case at no charge. There are resources available at Claim Accident if you want more information.