Most people don't realize that their life expectancy can be a consideration when it comes to being compensated for a vehicle accident. Life expectancy can play a major role in personal injury vehicle accident claims, especially when the injuries sustained are permanent. Below are some ways in which life expectancy may impact some claims.
Calculation of Damages
In personal injury claims, damages are typically awarded to compensate the injured party for various losses, including medical expenses, loss of income, pain and suffering, and diminished quality of life. Life expectancy is considered when calculating the extent and duration of these damages. If the injuries are permanent and affect the victim's ability to earn a living or enjoy life, a longer life expectancy may result in higher compensation.
Future Medical Expenses
Permanent injuries often require ongoing medical treatment, rehabilitation, and assistance. Life expectancy is a significant factor when determining the potential costs of future medical care. A longer life expectancy may mean more years of required medical expenses, which can increase the amount of compensation sought.
Loss of Earning Capacity
If the injuries sustained in the accident have permanently impaired the victim's ability to work and earn a living, life expectancy becomes relevant when assessing the loss of earning capacity. A longer life expectancy means more years of lost income, which can significantly impact the compensation awarded. For example, a serious injury to an artist's hands could mean the end of a painting career. Victims are entitled to be paid for the years of missed earnings for the remainder of the victim's life.
Vocational Experts and Life Care Planners
In cases involving permanent injuries, vocational experts and life care planners may be engaged to evaluate the impact of the injuries on the victim's ability to work and future medical and care needs. These experts consider life expectancy when assessing the long-term consequences of the injuries and estimating the associated costs.
Insurance Adjusters and Defense Arguments
Insurance adjusters and defense attorneys may attempt to use life expectancy as a basis to undervalue a claim. They may argue that the injuries will not significantly impact the victim's life because their life expectancy is relatively short. It is essential to have strong medical evidence, expert opinions, and legal representation to counter such arguments and ensure fair compensation.
Speak with an auto accident attorney in your area for professional advice tailored to you and your situation.
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