When a person is injured in an accident, the immediate medical bills are only part of the picture. Future damages — which include ongoing medical costs, lost wages, and the emotional toll of the injury — play a significant role in personal injury cases, particularly those involving catastrophic injuries like paralysis, amputation, or severe brain injuries. Calculating these future damages accurately is crucial to ensuring the injured party is fully compensated for the long-term impact of their injury.
In this article, we’ll explore what future damages are, how they are calculated, and why they are so important in securing fair compensation for victims. We’ll also take a look at a real-life case to illustrate how these damages are assessed and the challenges involved.
What Are Future Damages?
In the context of a personal injury case, future damages refer to the losses that will continue after the case has been settled. These losses may include:
- Future Medical Expenses
- Pain and Suffering
- Lost Wages Due to an Inability to Return to Work.
Unlike current damages, which are based on the immediate costs resulting from the injury, future damages take into account the ongoing and long-term consequences of the injury.
For example, someone who sustains a spinal cord injury may face a lifetime of medical treatments, physical therapy, and assistive devices like wheelchairs. They may also experience chronic pain and emotional distress that will continue for many years. If the person is unable to work due to the injury, the future loss of income also needs to be accounted for.
In Georgia, the law follows a global settlement approach. This means that all future damages must be projected and included in the settlement. Once the case is settled, no additional compensation can be claimed for future medical costs or lost wages. Therefore, it is critical for all future needs to be carefully estimated during the settlement process to ensure that the injured party is adequately compensated for the years to come.
Calculating Future Medical Expenses
One of the most complex aspects of personal injury cases is calculating future medical expenses. These expenses may include:
- The Costs of Long-Term Care
- Surgery
- Medications
- Assistive Devices
Accurately predicting these costs requires not only an understanding of the medical needs of the injured party but also an awareness of how medical costs are expected to rise over time due to inflation.
To calculate future medical expenses, attorneys often work with professionals like life care planners, vocational experts, and medical professionals. These experts help estimate the ongoing care the injured party will require for the rest of their life. For example, a person with a spinal cord injury may need home healthcare services, ongoing physical therapy, and the use of medical devices like wheelchairs or hospital beds.
These costs are then projected over the person’s life expectancy, with adjustments for inflation and medical advancements.
Example: The Costs of Long-Term Care
For someone who has sustained a severe burn injury or has had a brain injury, future medical needs may include extensive rehabilitation and specialized treatments. The injured party may need to undergo multiple surgeries, and the costs of these procedures can add up over time. Life care planners work to ensure that all of these needs are accounted for in the settlement. These future medical expenses are not just limited to the immediate aftermath of the injury but extend for many years into the future, sometimes for the rest of the person’s life.
Future Pain and Suffering: What Does It Include?
Pain and suffering damages are integral to future pain and suffering damages, especially in catastrophic injury cases. These damages refer to the emotional and physical distress the injured person will continue to experience for the foreseeable future.
For example, someone who becomes paralyzed may experience chronic pain and emotional distress, including the psychological effects of being unable to perform normal daily activities. They may also face significant lifestyle changes, such as the need for home modifications, mobility aids, or ongoing assistance with personal care.
Pain and suffering also accounts for the emotional toll the injury takes on the individual. This includes not just the physical pain, but also the mental anguish, anxiety, depression, and changes in quality of life. These future pain and suffering damages are difficult to quantify but are a critical component of a fair settlement, especially in cases where the victim’s life will be permanently altered.
Real-Life Case: Calculating Future Damages for Catastrophic Injury
Let’s look at a real-life example to illustrate how future damages are calculated in a catastrophic injury case.
A 45-year-old man was involved in a workplace accident in Georgia, resulting in a spinal cord injury. The injury left him unable to walk and required extensive rehabilitation. His attorneys retained a life care planner to calculate the future medical costs associated with his care. The life care planner’s estimate included the costs of nursing care, physical therapy, assistive devices, and future surgeries. The total projected cost for these future medical needs exceeded $2 million.
In addition to his medical needs, the man’s injury also meant that he could no longer work in his previous profession as a construction worker. He had to give up his job, leading to a projected loss of earnings of over $1 million over the course of his career.
The final settlement took into account these future pain and suffering damages, ensuring that the client received compensation not just for his current medical bills, but for the long-term impact of his injury. The settlement provided for his ongoing care, pain and suffering, and lost wages, ensuring that the client’s needs would be met for years to come.
This case highlights the importance of accurately calculating future damages in catastrophic injury cases. Without a comprehensive understanding of the injured party’s long-term needs, it would be impossible to secure a settlement that adequately compensates for the full impact of the injury.
The Challenges of Calculating Future Damages
Calculating future damages is a complex process that involves multiple factors and expert opinions. Insurance companies and defense attorneys often try to minimize future damages in an effort to reduce the settlement amount. They may argue that the injury will not have as long-lasting an effect as the plaintiff claims, or they may challenge the accuracy of the medical projections.
To counter this, plaintiffs’ attorneys work with a range of experts, including vocational experts, life care planners, and economists, to ensure that the future needs are fully supported by data and expert testimony. These experts help build a solid case for the long-term impact of the injury, ensuring that the injured party receives fair compensation.
If you or a loved one has sustained a serious injury, and you’re concerned about the long-term financial impact, understanding future pain and suffering damages and how they are calculated is crucial. At Kalka Law Group, we help clients with catastrophic injuries secure the compensation they need to support their future medical care, pain and suffering, and lost wages. Our team works closely with experts to ensure that all aspects of your future damages are considered, and we fight to get you the compensation you deserve.
Contact us today to schedule a consultation and take the first step toward securing your future. Let us help you navigate the complexities of personal injury law and ensure that your needs are fully met for years to come.
