Permanent injuries can include scars, disfigurement and conditions that are not expected to resolve as time goes by. Whether an injury is temporary or permanent in nature is an opinion to be given by a medical professional, which a jury can disregard, if it chooses to do so. Constant pain can be a “permanent” condition if a medical treater of sufficient pedigree gives testimony backing up the diagnosis.

The type of Defendant almost always plays a role in a jury’s determination as to the value of any personal injury case. While a jury is not instructed to consider the type of Defendant in determining the value of compensatory damages, businesses are often quasi-“punished” for failing to act reasonably under the circumstances of any case subconsciously by jurors because they are held to a higher standard of care due to resources and ability to train employees to be safe.

The age of the injured person often affects the overall settlement or verdict value of a personal injury claim, particularly in matters involving permanent injury. Simply put, a minor child has to live with a permanent injury and its accompanying pain/effects for a longer period of time than a middle-aged person with the same injury. Similarly, a senior citizen’s personal injury claim might also be increased by a jury or insurance adjuster due to the “golden years” effect whereby pain substantially hinders or ruins the short amount of time left in life expectancy of that person (thus, the short amount of time is more valuable than that of a middle-aged person).

Oddly enough, studies have shown the type of case has an impact upon a jury’s or adjuster’s estimate of the value of a personal injury claim. Slip and fall cases are notorious for decreasing the value of a case (probably due to a subconscious blaming of the person who fell for causing his or her own injury). Conversely, if a semi-truck causes an injury, there might be an increase in settlement value or a verdict due to the subconscious bias against dangerous machines on the roadways being less than careful. Similarly, bicycle and motorcycle accidents often result in reduced settlements or verdicts due to the subconscious prejudice against the operators of these vehicles being on “our” roadways preventing “normal” drivers from getting where they want to go and delaying our trip. Victims of crime are given increased settlements and verdicts due to the public’s desire to be tough on crime and discourage companies from skimping on security measures.

The type of injury also plays a role in determining the value of any personal injury settlement or verdict. Injuries that can be “seen” on x-rays, CT scans and MRIs are considered more “real” since there are objective reasons for the pain or impairment that can be easily understood. More vague complaints of pain, especially when a radiological test can not show pathology or abnormality which can explain its cause, is regarded generally as less valuable due to implications of “faking” or due to the highly subjective nature of “pain” of any specific individual compared to another (human nature shows most people discount other people’s pain and exaggerate their own).

Your car or other personal property is also a damage item that can be recovered by you when the other person or company was at fault. It simply gets added into the equation. Often, car repairs are done quickly by individuals and attorneys are not needed to calculate these well-known and available figures.

You are entitled to recover the wages you would have earned had it not been for the injury-producing act that placed you out of work. This calculation is usually done easily and can be verified by human resources or payroll department. If the injury caused impairment and forced you to accept lower-paying work, that figure can also be recoverable. It simply gets added into the equation.

Often, the full extent and nature of your injury is not known at the time of settlement or verdict. Many injured persons need future medical care. This calculation can be testified to by a life-care planner or your medical providers. It simply gets added into the equation.

(By using this entertainment calculator and providing the information herein, you are authorizing McKibben Shaw Law to contact you regarding your personal injury claim, either by phone, direct mail, email, text, instant messaging or any other means regardless of when it occurred and where it occurred. The information gathered by use of this entertainment calculator by McKibben Shaw Law shall not be sold or otherwise disseminated to any other entity other than McKibben Shaw Law.)

Disclaimer:

This entertainment calculator is not legal advice and we are not your lawyer. The figure is for entertainment purposes only and is not a prediction, guarantee or accurate legal assessment of your personal injury claim or case.

The entertainment calculation here is for instructional and entertainment purposes only. It is not a guarantee of a settlement in your case nor a prediction of any outcome. Each case is different. Every case can be lost and no recovery obtained. Any settlement or verdict of any personal injury claim depends upon a variety of factors that cannot be evaluated in this entertainment calculator.

Indiana law says that recovery of compensatory damages for mental anguish, inability to function as a whole person, lost wages, impairment, disfigurement, permanent and temporary injuries is obtainable should a personal injury be shown to the caused by the negligent act of another which proximately and directly causes the factors listed above. This entertainment calculator does not factor of the above-listed factors into its entertainment calculation. Consequently, see an attorney of your choice to learn your rights and be informed of an accurate settlement value of your personal injury claim.

Use of this entertainment calculator does not create an attorney-client relationship between the user and McKibben Shaw Law. Consult with an attorney of your choice to learn your legal rights. Do not rely upon this entertainment calculation in any manner whatsoever.

No comparison to other attorneys is being made by McKibben Shaw Law by use of this entertainment calculator.

Hire the attorney of your choice. Do not depend upon an entertainment calculator when making an important decision such as the hiring of an attorney for your personal injury claim.

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