Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. How much were the total medical expenses to day?
Generally, pain and suffering is calculated at 2-3 times the medical damages. To the extent that there are other expenses that can be proven i.e. lost wages, etc. that can be added to the claim. However, all damages will need to be included in the single claim. You cannot file a separate claim because any settlement agreement that is signed will state that all claims arising from this incident are being compensated in the payment that is received.
What about loss of consortium? Can I file a 3 party for that?
Loss of consortium cases are VERY difficult to prove and generally require different facts, i.e. death or serious debilitation. So you may need to consult with a local attorney in making a determination as to whether that is appropriate to the facts of your case. Generally whether to file a third party claim for this or whether to tack it into this claim would be a strategic decision. Legally it is appropriate to try to file a third party claim for loss of consortium; however, I question whether you have strong facts to support that type of claim.
What facts might I need in a case like this to be successful? Also, my wife still has headaches and going to the doctor does not add to the bill , since we have my military TriCare benefits. How does that add to the medical costs estimation?
Future medical treatment that may be required is a separate category. However, they may require you to prove future estimated medical treatment. Loss of consortium cases are more commonly seen in more debilitating ailments, i.e. paralysis and/or wrongful death.