Damage Evaluation Checklist
Your New Jersey accident law firm attorney should evaluate all possible aspects of damage surrounding the accident in order to accurately determine the settlement value of your case. Your attorney will most likely review the following elements relevant to your case:
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The background of the decedent (when the client is an estate belonging to a deceased individual).
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Marital status of the decedent.
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Decedent’s health prior to the injury or accident.
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Employment history of the decedent.
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Decedent’s age at time of death.
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Record of decedent’s income for ten years prior to death.
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Decedent’s likely income, if he or she had lived another ten years.
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Whether decedent’s annual income was decreasing or increasing.
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Possibility of proving decedent’s income with evidence such as Social Security records, tax returns or employment records.
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Net worth of decedent.
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Expenses incurred resulting from injury and death.
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Circumstances of decedent’s death – instantaneous, or preceded by pain and suffering.
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Expenses and bills incurred resulting from death.
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Household services performed by decedent.
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Value of spouse’s loss of decedent’s companionship.
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Value of children’s loss of decedent’s companionship.
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Availability of expert testimony establishing future income of decedent (less self-maintenance costs).
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Actuarial life expectancy of decedent.
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Current value of future income of decedent.
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Existence of wanton, reckless or malicious conduct on the part of the defendant.
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Involvement of drug or alcohol use during the accident.
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Possibility of a charge of criminal conduct brought against the defendant.
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Possibility of defendant’s actions categorized as an intentional tort.
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Defendant’s financial worth.
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Defendant’s liabilities.
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Defendant’s insurance coverage.
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Analysis of assumption of risk, comparative or contributory negligence, and last clear chance.
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Possibility of statute of limitations running out.
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Possibility of impact on statute of limitations by a state’s “borrowing” statute?
- Possibility of any restriction to the right of the client to recover caused by a jurisdiction’s “damage cap.”
Your New Jersey accident law firm attorney should carefully review these potential damage elements to determine an accurate value for your case.
Contact Us
If you would like to consult a knowledgeable and experienced New Jersey accident law firm attorney about your personal injury, please contact Gerald H. Clark at the Clark Law Firm, PC by calling 877-841-8855.
