We should know that there are damages that can’t be easily calculated, such as pain and suffering, emotional distress, loss of enjoyment in life, loss of companionship due to failed marriage and others. The determination of non-economic damage can be hard to quantify and while it can be compensated, there will be arguments on how to come up with the right amount. Things can be made more complicated by the fact that the case can be influenced by a number of factors. The age of the injured party will determine the overall amount of compensation. Young adults who may lose much of their productivity years could ask for higher amount of compensation. The possibility that the injured party will obtain the compensation is determined by the impression that the person may have on the juries. The skill and experience of the lawyer in obtaining evidence and influence the jury could determine whether the case is winnable. Due to a number of factors, the injured party may not be willing to go to trial.
For the affected party, the actual value of the can be even lower. They also need to consider the costs of prosecuting or defending the case. The history, skill and experience of the trial judge may also be considered quite well. The expected of period for completing the case will also need to be considered. Due to the medical malpractice, the affected party may actually have lower life expectancy and if it’s shortened considerably, the family may need to be compensated as well. There should be added strength of the claims that are related to future damages. The extent and nature of deformity and scarring will need to be considered, as well as the gender of the affected individual. Experience lawyers should be able to gather all the necessary information, so each piece of the details can be properly weighed. The conclusion can be presented to jury, judge and insurance adjuster to significantly the chance of winning the case.
