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In most states, there is no cap on economic damages, and a plaintiff who successfully proves liability will be able to recover a full spectrum of the economic damages he or she can prove. A plaintiff cannot recover the costs of a housekeeper, for example, if the housekeeper’s wages were already part of the household budget. A key aspect of household services is that they have to be for services for which the plaintiff wouldn’t have incurred expenses if he or she hadn’t gotten hurt. Household services include any costs to hire somebody to do things around the house while a victim is recuperating. Lost earning capacity could be evaluated. For example, if a supermodel is disfigured and suffers brain damage in a truck accident, she may no longer be able to model or acquire training to get a different type of job. The expert will consider the plaintiff’s age, health, life expectancy, talents, past earning capacity, and training in determining whether there is lost earning capacity. Like future medical care, it is usually necessary to present expert testimony on this point. Lost earning capacity can be recovered in catastrophic injury cases when a plaintiff proves that his or her ability to earn money has been impaired or diminished by the injuries. Usually, this item of damages must be proved through expert testimony given by a plaintiff’s treating physician. For example, if a judge improperly admits evidence that is more inflammatory than probative, resulting in the unusual verdict of $1 million in a soft tissue injury case, the court might look at the medical bills to determine whether the damages award was reasonable.įuture medical expenses are permitted when a plaintiff can sufficiently prove he or she will need further medical care due to an accident.
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Often, an appellate court will look at the total amount of medical expenses in order to determine whether an overall award of damages is reasonable. Medical expenses are bills that arise out of the injuries that are caused by the accident. Fill out the required fields to submit a copy of the petition.įor more information about VICP, contact 1-80 or How do I submit a copy of the petition by mail?Īfter you submit your petition to the U.S.Plaintiffs hoping to recover economic damages will probably be asked to provide evidence such as pay stubs, medical bills, and expense receipts.Įconomic damages may include past and future medical expenses, past and future lost wages, household services, vocational rehabilitation, property damages, out-of-pocket expenses, and lost earning capacity.
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After login, select the Submit button under Submit a Petition to VICP on the home page. On the HRSA Injury Compensation Programs website, follow the step-by-step instructions on the How to Create an Account page, and then log in with your username and password. How do I submit a copy of the petition electronically? Court of Federal Claims, you must either submit an electronic copy on the HRSA Injury Compensation Programs website or mail in a copy of the petition. Where must I send a copy of the petition?Īfter you submit your petition to the U.S. If you are unable to pay the filing fee, call 20.
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Submit your petition, one original and two copies, including cover sheet, medical records, and other documentation plus the appropriate filing fee to: Court of Federal Claims, Office of Special Masters for detailed information about how to submit a petition, including guidelines, sample filings and a list of attorneys who have agreed, upon request, to accept referrals in certain vaccine injury cases. The Court generally will award reasonable attorneys' fees and other legal costs as long as your petition is deemed reasonable and filed in good faith. Because this is a legal process, most people hire a lawyer. The petition is a legal document that you can prepare yourself, or hire a lawyer to prepare and file on your behalf. Court of Federal Claims and a copy of the petition must sent to the Department of Health and Human Services. To be compensated by the National Vaccine Injury Compensation Program (VICP), you must file a petition with the U.S.