How to Determine the Claim Amount in a Back Injury Case
Personal Injury - April 13, 2015
Back injuries are far more common than many people realize. According to the United States Department of Labor, there were more than 170,000 worker’s compensation cases involving back injuries in 2013. If you include statistics related to other back injury causes, including car accidents and slips and falls, the number is significantly higher.
Back injuries can be debilitating, and they are often expensive to treat. Due to the complicated nature of back injuries, every claim is unique and will be handled differently.
Here are two ways that a jury may establish the value of your back injury claim:
Actual Financial Losses
If you sustained a back injury, it is likely that you have records of specific financial losses. According to the Illinois General Assembly, these losses, called economic compensatory damages, are tangible and represent a specific amount of money.
It ishould be easier to determine the value of these losses compared to general damages as they are typically due to medical treatment, lost income and other tangible losses. If you sustained an injury and received treatment, it is important to keep a record of the expenses so that you can include them in your claim.
General damages are typically more difficult to prove because they do not relate to tangible expenses such as economic compensatory damages. According to AmericanBar.org, it is not easy to put a specific value on non-economic compensatory damages. Typically, they include compensation for emotional distress or pain and suffering, and a jury may award these damages in order to help the victim return to some form of normalcy.
Under certain circumstances, the jury may also award damages to compensate the victim’s family. If that is the case, it is a loss of consortium damages. Typically, the court will only award these when the injury is so severe that it deprives the family of a normal relationship with the victim.
If you are suffering from serious back injuries, it is important to get adequate treatment. Chicago is home to some of the finest orthopedic surgeons in the country, and they focus exclusively on back injuries.
Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your injury and any questions you may have. You can also email us or even speak with us right now on LiveChat. Even if you do not wish to retain a Chicago back injury attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Record. Please call our Chicago office at (312)-372-8822 or our Joliet office at (815)-723-8822, or you can toll free at (800)-985-1819.