People often ask, “Isn’t there a formula for figuring out how much I’ll get in a personal injury case?”
Similarly, others ask, “If there’s a lot of damage to my car I’ll get a lot of money on my injury case, right?”
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Doug Landau says, “Wrong on both counts!”
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Every person has a different ability to recover from a severe physical injury. The same injuries from a car crash may take a lot longer for an eighty-year-old in poor health to recover, rather than a varsity athlete on the high school swim team.
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Just as every individual experiences a different length of recovery after an injury, every vehicle crash case has its own specific facts that impact the amount of settlement or a jury’s verdict.
Landau has represented injured victims who were pregnant and could not have MRIs, CT scans, lots of x-rays or take strong narcotic medications. While this would deflate the amount of medical costs in their case, it exacerbates the amount of physical pain and emotional distress that they can experience after the wreck.
In addition, some clients are more susceptible to injury due to aggravation of underlying conditions, like arthritis, bursitis, tendonitis, etc. Each case is evaluated on its own merits and what an individual needs.
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There is no across-the-board calculator or equation. While there are lots of law firm websites that advertise that they have “the formula,” it is a disservice to suggest that every case can be reduced to a simple mathematical equation
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While insurance companies do look at billing codes on computer models from doctors to predict the length of treatment for a broken arm or a fractured ankle, that is only part of the equation. There’s also the issue of “stay-at-home” parents who do not miss a paycheck. Someone else has to be “subbed in” to take care of the kids and perform the domestic duties. “Doesn’t that have a value? Very often replacement help contributes to a cost that is both financial and emotional,” Landau notes.
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With regard to the damage to the vehicle, Landau has first-hand knowledge of the absurdity of the statement, the more severe the damage, the more severe the injury.
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Landau was T-boned by a driver, whose car was totaled, yet he took off on foot to escape the police, because he had been drinking heavily, as evidenced by the numerous empty beer cans in the back seat! Landau’s Volvo sedan was spun around 180 degrees. He hit his head against the side window, but he was protected by his safety belt from additional injury. Landau was checked out at the emergency room, and while sore for the next week, had almost no physical injuries. His son was buckled in the backseat with his Oakton soccer duffel bag on his lap and sustained no injury whatsoever. Yet, looking at the Landau’s car and the car that struck them, you would have thought there were several fatalities!
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A “fender bender” can cause a severe impact on the driver of the vehicle, especially depending on the location of the hit. Certain spots will cause a greater amount of force to be applied.
It is important to note that even a seemingly minor car accident, like the “fender bender” shown in the photo of the tan car, can still cause serious injuries. This is especially true if the impact is at an angle, causing the victim’s head to hit the steering wheel or dashboard, or if there are sudden changes in the acceleration and deceleration forces. These types of injuries can include coup, contrecoup, herniation of the cervical spine, and/or injury to the lower back.
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Bottom line, every case is different, and you should never judge a book, or a car wreck, by its cover! If you, or someone you know, has been struck by a car in a collision or have any questions pertaining to the laws that apply, please do not hesitate to contact us at 703–796–9055, or email frontdesk@landaulawshop.com.
