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Will Your Personal Injury Cause You Problems in the Future?
Recovering from the damages sustained in a serious car accident can take months or years. Sometimes, you may still have issues long after your case has been settled. What can you do if your injuries are going to still be causing you problems in the future?
The Role of the Statute of Limitations
The reason it is necessary to look into the future and estimate damages is because you only have a set amount of time to bring a personal injury case. In most circumstances, you only have three years from the date of an accident to bring a lawsuit or to settle your claim. Even if you have not fully recovered, you will still need to take action to preserve your rights.
Types of Damages in Car Accident Cases
The only way for someone to compensate you for your injuries in a car accident is with money. Even though money won’t take away the trauma of the accident, or take away the pain of the injuries or the recovery, it is the best our system has to offer. Wisconsin law recognizes several different types of monetary damages in a personal injury claim.
These damages include:
- Medical costs;
- Lost wages;
- Pain and suffering;
- Future medical expenses;
- Future lost wages; and
- Future pain and suffering.
In most cases you will not receive compensation for future damages, however, in cases where there are permanent injuries, future damages may be appropriate.
How to Calculate Future Damages
Calculating standard damages is relatively straightforward. The costs are added up, the past pain and suffering are given a valuation, and a demand is made. However, calculating future damages is more complicated.
The first step is to see how similar the future costs will be to past costs. For example, if regular therapy will be needed for years to come, the cost can be estimated based on the past therapy already received. Future lost wages will likely look similar to past lost wages.
Often experts will be needed to help calculate the future damages based on everything from life expectancy to inflation. One of the hardest types of damages to estimate is future pain and suffering. But, even with pain and suffering, the past can be a starting place to understand what is likely to happen in the future.
If you have been injured in a car accident, you need to talk with a skilled and experienced Milwaukee personal injury attorney. If you do not bring your claim on time, you may lose the chance to recover any compensation for your injuries. Call the law firm of Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 today to setup your consultation.
Source:
https://docs.legis.wisconsin.gov/statutes/statutes/895/
