Generally, it is difficult to set a dollar amount to a specific injury you suffer in an accident. There are numerous factors to consider when attempting to settle a personal injury claim: medical bills, pain and suffering, disfigurement, lost time from work, medical costs for ongoing injuries and the like.  In any action based on negligence, there must be an actual injury suffered.  Normally, a plaintiff must show that they suffered some kind of physical harm.  Recovery will not be allowed where only mental harm, and no physical harm was suffered.  Once physical harm has been proven, Plaintiff may recover a variety of damages.  These include,  Direct loss: The value of any direct loss of bodily functions. Ex.: Actual monetary compensation for the loss of a leg.  Economic loss: Out-of-pocket losses stemming from the injury. Ex.: Medical expenses, lost earnings. Pain and suffering: Damages for pain and suffering caused as a result of the injury. d.     Hedonistic damages: Damages for loss of the ability to enjoy one’s prior life. Ex.: Compensation for loss of the ability to walk, even if loss of that ability has no economic consequences.  Consciousness required: Courts are split about whether Plaintiff must be conscious of the loss in order to be able to recover damages.  Some states  do not allow hedonistic damages where Plaintiff is in a coma.      Future damages: Plaintiff brings only one action for a particular accident, and recovers in that action not only for past damages, but also for likely future damages.  Present value: When Plaintiff is recovering future values, courts generally instruct the jury to award Plaintiff only the "present value" of these losses.   Periodic payments: Some states now allow Defendant to force Plaintiff to accept periodic payments in certain situations. These payments generally terminate upon Plaintiff’s death.

Some states allow punitive damages which can be awarded to penalize a defendant whose conduct is particularly outrageous.  In cases of negligence (as opposed to intentional torts), punitive damages are usually awarded only where the Defendant’s conduct was "reckless" or "willful and wanton."  Punitive damages are also frequently awarded in product liability suits, if Plaintiff shows that Defendant knew its product was defective, or recklessly disregarded the risk of a defect.

In a product liability context, a defendant who has made many copies of a defective product (such as faulty truck tires) may face multiple suits, each awarding punitive damages.  The possibility of multiple awards by itself generally does not mean that such awards should not be made.  Many courts take into account the possibility of multiple awards in fixing the amount of punitive damages in each case.

If you have suffered  a catastrophic injury, a personal injury lawyer can help "level the playing field" by providing auto accident victims with information regarding the practical and legal aspects of personal injury law.  For a review of your claim, completely fill out the form provided below. A personal injury lawyer will review your form and may contact you to discuss your claim.