Calculating Damages In An Austin, Texas Injury Case Involving Paralysis

By November 10, 2016Serious Injuries
Man in wheelchair

Man in wheelchairThis is the next post in our series on the handling of Austin, Texas personal injury cases which result in paralysis. Our last article discussed steps to take after a negligence victim has been paralyzed. It is important that one retain a lawyer as soon as possible so that they may focus on the important business of getting healthy. In this article, we will discuss another important topic – calculating damages in such a case. We cannot stress enough that damages in such a matter are often disputed and it is important that you retain a personal injury lawyer with the resources necessary to retain the required experts.

Austin paralysis victims will require the service of expert witnesses in order to prove their damages

We have previously discussed calculating damages in a head injury case. Many of the same concepts apply in a paralysis case. A victim is entitled to recover earnings which have already been lost and medical expenses which have already been incurred. A victim is also  entitled to recover the cost of future care, future lost earnings, as well as pain and suffering due to the extreme impact which paralysis has on one’s quality of life. Determining medical expenses incurred to date, as well as earnings lost to date, is relatively straightforward. Determining future expenses and losses, however, usually involves the use of expert witnesses.

A medical expert will be required for several reasons when an injury victim has been paralyzed. First, a prognosis will have to be reached as to the extent, if any, that a victim is likely to regain their motor skills. Second, an opinion will have to be reached as to the type of future treatment the victim will need (including doctor’s visits, surgeries, medications, etc.) and the projected costs of those treatments. The Plaintiff’s expert will offer their opinion as to future care and the defendants will be permitted to retain their own experts who will likely offer a different opinion.

An economist and/or a vocational expert will probably also be required in order to show the future lost earnings of a paralyzed victim. Such experts will determine the extent to which the victim may return to work, the amount of money (if any) the victim can expect to earn going forward, and the amount of money the victim was likely to make had the injury not occurred. The defense will often claim that the victim had a lower future earning capacity than he or she is claiming and the amount of money which could have been earned, but for the injury, will also often be disputed.

It is important that Austin paralysis victims select an attorney who has previously worked with the types of experts described above. The amount of money awarded will often be a function of which side’s experts the jury finds more credible. By selecting counsel who can pick knowledgeable experts you will considetably improve your chances at trial.

Select an Austin paralysis attorney with the resources necessary to retain experts

It is important that you select counsel with the resources necessary to retain the necessary experts. Serious injury cases can often take years to resolve and the costs of experts will be paid upfront by your counsel. By selecting an attorney with the resources necessary to cover these expenses you help to ensure that you maximize your recovery.

Our Austin paralysis lawyers focus exclusively on personal injury law and our firm prides itself on providing quality service while having the backing necessary to deal with the largest of defendants. Contact our office today to schedule an initial consultation. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.

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DC Law