future damages
Unforeseen future disability from injuries
You may have an understanding that you can be compensated for medical bills that result from the negligence of another, such as someone causing a car accident that you are involved in. You may even know that you are entitled to compensation for the pain and suffering that you go through as a result of the accident. But what about AFTER you settle?
injury issues beyond settlement
What if you will continue to suffer from pain or are permanently disabled? This is a very important consideration when evaluating a law suit that must be properly addressed by a competent personal injury attorney. First, it is important to note that when you settle your case, or, alternatively, receive an award from a jury, that is all the money that you will ever receive.
unstructured settlements or awards
Absent an agreement to take a structured settlement or some other type of prolonged payments, your settlement or jury verdict represent all compensation for all injuries and damages that you have incurred or will incur, past or present. Even if you enter into an agreement to take a number of payments, the total amounts will be decided upon at the time of settlement and will not vary based upon your future condition. So does that mean you shouldn't settle until every injury or pain has resolved? What if you are permanently disabled? Well, even if you wanted to wait forever, the law doesn't allow it.
statutes of limitations
All causes of action have statues of limitations and sometimes statues of repose. In other words, you only have so long to file suit for your injuries and if you attempt to make a claim or file a suit after your time has expired, the insurance company will laugh you off of the telephone when you try to request compensation for what they otherwise owe.
get paid now for future effects of injuries
So the solution is to get paid NOW for damages that you will actually suffer from in the future. Okay, in concept that might sound easy enough, but how do you know what you will suffer from in the future? And moreover, how do you know how much it is worth? This is where a skilled personal injury attorney will utilize the medical profession to attempt to objectify potential future medical issues.
timing of settlement
First, the timing needs to be right. While, you cannot wait forever it also is a big mistake to settle a case too early. What if an injured Iowan is treating for a brain injury or spinal cord injury but doesn't’t know to what extent they will recover? In just such instances, it is imperative that any attempt at settlement be postponed until such time as a more information is available.
expert medical opinion
Now, what if you have gotten all of the treatment that you or your doctor thinks will help? Now is the time where the Doctor’s professional opinion regarding your future is very important. Such opinions can be gathered in a number of ways including Doctors conferences, depositions, at trial, or through written or telephonic correspondence. Regardless, the experienced car accident attorney will know the best method to illicit such information so that the insurance company or a jury takes such future condition into consideration.
exhaustive medical investigation
Then there exist the situations where a doctor’s opinion may be insufficient, incomplete, or downright incorrect. In such instances, an effective injury lawyer will ensure that an injured Iowan exhausts all necessary medical expertise including for example an independent medical exam, treatment by another professional, or referral to specialists to ensure that future problems are identified and taken into account. While an attorney cannot make up injuries, he can ensure that all investigation necessary is undertaken so as to ensure that the insurance company considers ALL information that will make a claim as valuable as possible.
all considerations for future damages
How exactly can such future injuries be considered? Well, just as there present value brethren are considered, future pain and suffering, mental anguish, medical expenses, loss of earning, loss of earning capacity, loss of use of the body, loss of use of the mind, and loss of support or relationship from or with a family members are all able to be compensated. Accordingly, evidence needs to be uncovered regarding all applicable damages and potential future problems if the value of a claim is to be maximized. In fact, in some instances, future damages can significantly or even vastly outweigh the value of the past or present damages. This why the ultimate value of a claim must include compensation for any future medical problems, disability, or other future issues
Iowa Trial Attorneys
Proving past injuries requires qualified experienced personal injury attorneys; proving the costs of future losses due to pain and suffering or disability due to injuries that were not readily apparent, and investigating and gathering the testimony to substantiate future losses usually requires particular skills not readily found in most personal injury law firm. At Gourley, Rehkemper & Lindholm, we have the skills, experience and determination to help you received the compensation you deserve for both past and future injuries and their effects. We are here to help 24 hours a day. Call 525-226.0500 or toll-free at 1-866-743-6652.
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