This is a very difficult concept to grasp yet it is so clearly a large value driver for proposals of settlement. There are a number of elements. See my FAQ on “What is an FCE”, “Permanent Impairments”
There are two broad categories here:
- Economic, and
- Non-economic impairment
Non-Economic damages include loss of range of motion of one's shoulders, hips, legs, knees, elbows, arms. All need to be measured and tested when you reach your maximum impairment.
What if you cannot resume your heavy work or you cannot concentrate in your former job due to serious pain and headaches? Does this cause you decreased earning capacity because now you must find a less responsible, lower paying job? Or, what if you had to quit your 2nd job? What happens now that you will not be able to work as long as you thought or planned you could before your automobile accident. These are elements of economic damages you should focus on to increase the value of your claim.