How Much is My Claim Worth? Calculating Damages for Vaccine Injury Claims
Before filing a claim with the National Vaccine Injury Compensation Program (VICP), it is important to understand the elements of damages that are available to petitioners in vaccine injury claims. While your vaccine attorney will handle the specifics of preparing a demand for compensation for you, you will need to provide your attorney with information critical to your demand to assist your attorney in the compilation of documents and the calculation of your demand for damages.
In vaccine injury claims, there are three primary types of compensation available:
- Out of Pocket Expenses
- Lost Wages
- Pain and Suffering
Calculating Medical Expenses from a Vaccine Injury
Under the National Vaccine Injury Compensation Program, individuals who experience vaccine-related injuries are entitled to, “[a] reasonable amount for past and future non-reimbursable medical, custodial care, and rehabilitation costs, and related expenses.”
The key here is that compensation is available for past and future expenses. As a result, before you can even consider accepting a settlement offer, you need to know how much your vaccine injury is going to cost you in the future. This will require working closely with your doctor (and potentially other vaccine injury experts) to develop a long-term treatment plan focused on ensuring that you make a full recovery. For most serious vaccine injury claims, compensation for medical expenses may include:
- Medical treatment costs
- Therapy and rehabilitation costs
- Hospital fees
- Medical equipment costs
- Prescription costs
- Custodial care (home health aide) costs
Calculating Lost Income from a Vaccine Injury
Similar to compensation for medical expenses, compensation for lost income also covers past and future losses. If you have been out of work because of pain or disability, or because your doctor has advised against continued employment, you may be entitled to recovery for lost earnings. If your injury will prevent you from working in the future, you may be entitled to recover compensation for lost earning potential. As a result, you will need to know:
- How long you expect to be out of work in the future; and,
- Whether you will be capable of returning to your old job (or), whether you may need to seek alternate employment due to a long-term disability.
Calculating Pain and Suffering from a Vaccine Injury
The third category of damages available to vaccine injury claimants is compensation for “actual and projected pain and suffering.” There are several methods for assigning a dollar value to pain and suffering, and you will need the help of an experienced vaccine attorney to arrive at a reasonable demand for your non-financial losses. Regardless of the amount you calculate, pain and suffering damages under the National Vaccine Injury Compensation Program are limited to $250,000.
Speak with National Vaccine Attorney Leah V. Durant
If you or someone you love has suffered a vaccine-related injury, contact the Law Offices of Leah V. Durant, PLLC for a free, no-obligation consultation. Vaccine attorney Leah Durant has helped numerous clients secure compensation under the National Vaccine Injury Compensation Program, and Leah Durant is available to evaluate and provide representation for vaccine injury claims. To learn more, contact the Law Offices of Leah V. Durant, PLLC at (202) 800-1711 or request an appointment online today.
Leah Durant Bio
Experienced vaccine attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm that exists for the sole purpose of representing clients who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to helping clients to recover the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.