13 Nov How Much Is Your Injury Case Worth? – November 2017

A Recent Client Placed a Settlement Value on Her Own Case

You do not want the money.  We understand.  What you really want is your life back.  Pain free.  The way it used to be.  Just like it was before the accident.

If you have a claim for money damages to compensate you for your pain and suffering, there will come a time when a monetary value needs to be placed on your injuries.  How much are your injuries worth?  It depends on the nature and extent of your injuries, and how much they affect your daily life.

Recently, one of our clients wrote up her own damages memo.  Here is her explanation of the monetary value of her injuries:

Since April 4, 2013, I have suffered from daily pain and a lot of discomfort due to low back pain and sural nerve damage in my left heel and left Achilles tendon.  This injury has not allowed me to enjoy my life as I feel sad and depressed, and incomplete, to know I must live with a chronic pain condition.  I cry a lot because of the stress built up from pushing myself through the pain, throughout the day, and enduring it. The constant pain drains me physically and mentally.  Months after the injury to my left heel, my Achilles tendon continues to feel stiff, and numb.  These symptoms worsened as time passed resulting in more inflammation of left ankle, tendon, calf, severe numbness and pain as every movement of my leg causes pain to my sural nerve.

By 2015 the constant low back pain had caused a change in my posture and caused a foot drop.  I had no choice but to continue physical therapy to temporarily alleviate the pain and the numbness.  I had tried physical therapy since 2014 which clearly shows that the damage to the left sural nerve located near my left heel was permanent.  I have suffered from chronic pain since my accident; I am unable to work.  Work requires me to stand and sit for long periods of time in an office, which can aggravate the pain.  The pain has been so severe most of the time, that I must lay down on my right side for hours for it to diminish.  And if I experience this while at work, I will be in a lot of pain and discomfort making it extremely difficult to function.

I must continue going to physical therapy for years until my nerves, heel, and lower back have healed enough to resume consistent fulltime employment.  I will also have to pay for my future medical bills, out of my own pocket, and each visit averages $75.  In addition, I will have future emotional, and physical pain as it takes a long time for nerves to recuperate if they completely heal. I will not be able to resume my habit of jogging, will not be able to wear heels at work or social occasions, have difficulty sleeping face down, on left side, on back, and must limit my overall activity as standing and sitting for long periods of time aggravates my condition. Because of these limitations, my anxiety and depression has been aggravated.

This injury has changed my overall quality of life, as it has diminished my activity level, ability to function, changed me as an individual, and decreased my enjoyment of life.  Based on these factors, and taking all the details into consideration, I believe a fair compensation for my permanent left heel injury, past, present, future pain and suffering and future medical treatment is $105,000.

Compensation Breakdown

• Pain and suffering – $45,000

Aggravated Anxiety and Depression due to chronic physical pain:

Unable to jog every day, unable to wear heels, unable to stand or sit for long periods of time, unable to lose weight, loss of social life, unable to sleep face down, on back, left side, diminished confidence, appearance and decreased enjoyment of life.

• Future lost wages: $30,000

I can only work part time, less than 30 hours, as I must go to physical therapy twice a week, and I am still in a delicate state of health.

• Future medical treatment and equipment: $30,000

Settling this case will cause me to lose my current medical coverage and I must pay cash for future physical therapy visits, medicine, equipment, and other visits related to my injury.

Example of equipment:  I have to buy ankle braces (these should be replaced yearly as they easily wear out).  I have to buy a new TENS unit and constantly replace batteries every month or so.  I have to buy a back brace, to better my posture.  I have to buy orthopedics for better heel support, and replace as needed for the next ten years.  I have to buy pillows to assist me while I am asleep as I cannot sleep on my left side or on my back consistently without support.

For all these reasons, and taking all the details into consideration, I believe a fair compensation for my permanent left heel injury, past, present, future pain and suffering and future medical treatment is $105,000.

Well, there you have it.  That was a damages analysis prepared by the client herself.  We hope you find it helpful.

If you or a member of your family has been hurt in an accident due to the negligence of another person or firm, the experienced personal injury lawyers at Martin + Colin, P.C. may be able to help.

Call us now at (914) 771 7711 and let us apply our expertise to your case.