Auto Accident Attorney Damages and Compensation 2

Question 1

What is the 'per diem' method for calculating pain and suffering damages?

Accepted Answer

Assigning a daily dollar value to the plaintiff's pain and multiplying it by the number of days they have suffered

Answer

Calculating total pain costs per medical procedure

Answer

A formula based on the number of days of lost work

Answer

An insurance industry standard for capping non-economic damages

Question 2

What is the 'multiplier method' for calculating pain and suffering damages?

Accepted Answer

Multiplying total economic damages by a factor of 1.5 to 5 based on injury severity to estimate non-economic damages

Answer

Multiplying the defendant's net worth by a fixed percentage

Answer

Multiplying the number of medical visits by a standard dollar amount

Answer

Using a court-mandated table to multiply injury type by weeks of disability

Question 3

What does 'mitigation of damages' require an auto accident plaintiff to do?

Accepted Answer

Take reasonable steps to reduce their own losses, such as following medical advice and seeking prompt treatment

Answer

Accept the first settlement offer to minimize legal costs

Answer

Agree to binding arbitration before filing a lawsuit

Answer

Waive future medical expenses to speed up settlement

Question 4

What is 'loss of earning capacity' and how does it differ from 'lost wages'?

Accepted Answer

Lost wages compensates past income lost; loss of earning capacity compensates for permanent reduction in future ability to earn

Answer

They are identical terms used interchangeably by courts

Answer

Loss of earning capacity only applies to self-employed individuals

Answer

Lost wages covers future losses; earning capacity covers past losses

Question 5

What are 'hedonic damages' in catastrophic auto accident cases?

Accepted Answer

Compensation for the loss of enjoyment and pleasure of life due to permanent disability

Answer

Damages for damage to luxury or high-value vehicles

Answer

Compensation for loss of hearing due to airbag deployment

Answer

Damages calculated based on the pleasure the defendant took in their recklessness

Question 6

What is the significance of 'maximum medical improvement' (MMI) in auto accident damage calculations?

Accepted Answer

MMI is the point when a patient's condition has stabilized, allowing future care costs to be projected and settlement to be finalized

Answer

MMI means the patient has made a full recovery with no permanent injury

Answer

MMI triggers the statute of limitations to begin running

Answer

MMI is a threshold for qualifying for punitive damages