Legal Question in Personal Injury in Massachusetts
What to consider before settling lawsuit?
Four years ago, I was hit by a drunk driver (he was convicted). My car was totalled, I suffered a cervical sprain, ligament damage to my wrist and ankle initally and have been diagnosed with degenerative disc disease (L5/S1), segmentation anomoly, herniated disc & now arthritis. I have terrible muscle spasms in my upper back as well. Been on pain and muscle relaxing meds for 4 yrs, been through multiple sessions of PT, Chiro, etc. Dr's all say my situation will only continue to worsen with time and that surgery won't help now. My main concern in regard to my lawsuit is: How can I predict what complications will arise in the future and what treatments I will need to estimate a fair settlement amount? What IS a fair amt? I would love to have children some day but if I'm having bad lower back pain now at 115 lbs., how will I bear the weight of pregnancy? Also, considering I would not be able to continue meds while pregnant this seems like it could become a very big issue. My uncle is my lawyer but he is mainly a defense atty and I want to make sure that I take everything necessary into consideration before my case is settled. Is there a way to demand that future costs be covered by the kid's ins co or would a lump sum be better?
2 Answers from Attorneys
Re: What to consider before settling lawsuit?
Proof of future losses can be a complex undertaking. In many cases, such proof is made though experts in medicine, occupation/rehabilititation, and economics. Based on medical injuries, the occupation/rehabilitation expert can quantify the degree of impairment, both in terms of major life activity and occupational/vocational productivity. Based on the findings of the rehabibilitation expert, and in some cases on other resources relied on by an economist, a projection of your future losses can be made. In many cases, these losses can include anticipated future medical costs, educational/retraining costs, and lost income or diminished earning capacity. These losses are sometimes referred to as tangible losses. In addition to these losses, you would be entitled to compensation for intangible losses, including pain, suffering, emotional distress, loss of enjoyment of life, and disability for general loss of use of your body unrelated to working. Quantifying losses for intangible damages involves some guesswork and judgment. Statistics regarding damages awarded by juries in comparable cases can be useful. Lawyers should know how insurance companies calculate damages, including computer programs that they use such as "Collossus."
You may wish to read an article that I wrote concerning proof of damages in Wrongful Death cases. Some of the same methods of proof are used in cases such as yours. The article is posted at my website. http://www.massachusetts-wrongful-death-attorney.com/
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Re: What to consider before settling lawsuit?
If an actual lawsuit has not been filed in court, it may be too late for file. If it is filed and you are represented by counsel, no other counsel can provide advice. Also, this forum is not to respond to the questions you asked.
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