Auto Injury Claim Recovery: Maximizing Pain and Suffering, Loss of Future Earning Capacity Damages

Determining the value of damages for pain and suffering or loss of future earning capacity is one of the most complex challenges for personal injury attorneys pursuing auto injury claims. There is no standard formula, and damages calculation involves many different factors. Pain and suffering damages take into account the age and health of the victim, medical treatment received, the psychological impact on the victim, and any preexisting injuries.

When calculating damages for loss of future earning capacity, counsel must consider the victim’s work history and compensation, and any criminal history or substance abuse, among other factors. Vocational rehabilitation specialists and economists play a key role in calculating damages for loss of future earning capacity.

Insurers assign a value for pain and suffering damages using the multiplier method, per diem method, and computer programs such as Colossus. Methodologies for calculating loss of future earning capacity damages generally are the earnings approach and capital asset approach. Our panel will provide insights for personal injury attorneys to understand how to leverage the best approach for their particular case.

Pain and suffering and loss of future earning capacity damages are also impacted by the credibility of lay and expert witnesses, the strength of the medical records, and the attorney's skills during depositions, opening and closing arguments, and direct- and cross-examination.

Listen as our authoritative panel offers their insights and perspectives on calculating and maximizing pain and suffering and loss of future earning capacity damages in auto injury cases. The panel will outline strategies to influence the value of the damages award by leveraging calculation methodologies, medical evidence, expert testimony and effective trial strategies.

1. Maximizing pain and suffering damages
   1. Calculation methodologies
   2. Factors influencing damages
   3. Documentation
   4. Expert witnesses
   5. Trial strategies—deposition, opening and closing arguments, direct- and cross-examination
2. Maximizing damages for loss of future earning capacity
   1. Calculation methodologies
   2. Factors influencing damages
   3. Documentation
   4. Expert witnesses
   5. Trial strategies—deposition, opening and closing arguments, direct- and cross-examination

The panel will review these and other key issues:

• What calculation methodologies are used to establish pain and suffering and loss of future earning capacity damages?
• What evidence is necessary to prove pain and suffering and loss of future earning capacity damages claims?
• What are best practices for negotiating with insurance adjusters to increase the damages offer?
• What expenses and losses should be anticipated when estimating future earnings?
• When converting future economic losses into present value amounts, what factors have had an impact in courts—and what factors have not?
• What are some effective trial strategies for personal injury attorneys to help maximize damages for pain and suffering and loss of future earning capacity?