
The damages allowed for pain and suffering depend greatly upon the nature of your injury. You will be allowed to collect damages for both past as well as future pain and suffering if you prove these damages at trial. In regard to past pain and suffering damages, your testimony as well as the testimony of your treating doctors will be very important. We also routinely call as witnesses an injured employee's spouse or friends to testify as to how the injury has affected the employee's life. In regard to future pain and suffering damages, it is often best to rely upon your treating physicians who can testify as to whether or not your condition will improve or worsen in the future. Judges and juries are allowed to estimate the amount and type of pain and suffering that you will most likely experience in the future, and under the Jones Act they are allowed to award money damages for this suffering even though it has not occurred.
You are also entitled to recover for past and future loss of wages and fringe benefits which are directly related to your injury. Our office routinely works with experienced economists who will calculate the exact value of your past and future loss of wages and fringe benefits. In almost all cases, an expert economist is required to predict future loss of wages. Most courts will not allow an employee to collect loss of future wages and future fringe benefits unless an expert economist has made these calculations for the jury.
Calculating your loss of past and future wages depends greatly upon the amount of money that you were earning at the time of your injury. However, the Jones Act does allow you to be awarded money based upon promotions and raises in pay which, in all likelihood, you would have received had you kept working. This can be very important for long-term employees who have proven a history of receiving pay raises over their years of employment. Our office is very careful to calculate future wages assuming that certain employees may have received pay raises in the future. This can make the difference between collecting the amount to which you are truly entitled rather than simply the amount which appears on your current paycheck.
One of the great benefits of working offshore or on a vessel is the significant fringe benefits that many maritime employees receive. When you have suffered an injury and you are no longer able to work performing heavy manual labor, most often you will no longer receive these fringe benefits. Fringe benefits typically include meals being provided to the employee while working, retirement benefits, health insurance and disability insurance. Our office will obtain all of your pay records including the value of your fringe benefits and use this information to calculate the true value of your past and future economic losses, including loss of fringe benefits. Sometimes your loss of fringe benefits can amount to almost as much as your loss of actual wages. Jones Act Damages
Under the Jones Act you are entitled to collect any damages which are directly related to your accident. Typically these damages will include pain and suffering, medical expenses and loss of wages and fringe benefits.
The damages allowed for pain and suffering depend greatly upon the nature of your injury. You will be allowed to collect damages for both past as well as future pain and suffering if you prove these damages at trial. In regard to past pain and suffering damages, your testimony as well as the testimony of your treating doctors will be very important. We also routinely call as witnesses an injured employee's spouse or friends to testify as to how the injury has affected the employee's life. In regard to future pain and suffering damages, it is often best to rely upon your treating physicians who can testify as to whether or not your condition will improve or worsen in the future. Judges and juries are allowed to estimate the amount and type of pain and suffering that you will most likely experience in the future, and under the Jones Act they are allowed to award money damages for this suffering even though it has not occurred.
You are also entitled to recover for past and future loss of wages and fringe benefits which are directly related to your injury. Our office routinely works with experienced economists who will calculate the exact value of your past and future loss of wages and fringe benefits. In almost all cases, an expert economist is required to predict future loss of wages. Most courts will not allow an employee to collect loss of future wages and future fringe benefits unless an expert economist has made these calculations for the jury.
Calculating your loss of past and future wages depends greatly upon the amount of money that you were earning at the time of your injury. However, the Jones Act does allow you to be awarded money based upon promotions and raises in pay which, in all likelihood, you would have received had you kept working. This can be very important for long-term employees who have proven a history of receiving pay raises over their years of employment. Our office is very careful to calculate future wages assuming that certain employees may have received pay raises in the future. This can make the difference between collecting the amount to which you are truly entitled rather than simply the amount which appears on your current paycheck.
One of the great benefits of working offshore or on a vessel is the significant fringe benefits that many maritime employees receive. When you have suffered an injury and you are no longer able to work performing heavy manual labor, most often you will no longer receive these fringe benefits. Fringe benefits typically include meals being provided to the employee while working, retirement benefits, health insurance and disability insurance. Our office will obtain all of your pay records including the value of your fringe benefits and use this information to calculate the true value of your past and future economic losses, including loss of fringe benefits. Sometimes your loss of fringe benefits can amount to almost as much as your loss of actual wages.
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Get Your FreeThe Young Firm
400 Poydras Street
Suite 2090
New Orleans, Louisiana 70130
Phone: (504) 680-4100
Toll Free: (866) 660-7220
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