Expert: Doctor Settlement - 6/5/2008

Question
QUESTION: I have a question and this may seem stupid but i'm going to ask it.  I've recently been injured from a dentist and he hit my lingual nerve.  I'm starting to have problems in my speech.  I'm a student and doing pre law and business.  I planed to do law school. I was thinking this may affect the way i can do my job as a lawyer in the future talking with potential clients and jury members and also potential law firms. The question is this can i get future wages?  Because right know i'm unemployed just a student.

ANSWER: Hi Scott,

I am Morgan Jacobsen, a personal injury attorney at www.SettlementCentral.Com

I will answer your question inasmuch as Dr. Settlement has had an unfortunate hospitalization and emergency surgery, and he will not be back for a couple of weeks.  

I believe that you CAN collect damages for impairment of a natural bodily function, such as speaking voice.  But as to the amount of those damages, do NOT expect to see a loss of legal career included therein.  

The problem is one of relevance.  The court uses the term relevance as a balance between a desire to award all damages versus speculation.  In this case, your allegation of loss of a legal career is HIGHLY SPECULATIVE, AND HENCE DISALLOWED.  

YES, a significant life impairment to a career you are already in is compensable, so what about one that you plan to enter?  Well, the answer depends upon the quantity and the quality of proof.  It is a balance between our desire to compensate for all relevant and provable losses, as opposed to mere speculation.  In this case, your damages will not include a loss of legal career.  

If you were about to take the bar exam, then you would have an easier time of proof as compared to undergraduate plans for the future.  In this

I hope my comments have been of some help, and if so, that you will leave some feedback for Dr. Settlement.  I know that when he returns he will appreciate it.  

Best wishes from Dr. Settlement and me,

Ms. Morgan Jacobsen, J.D. (Juris Doctor)
Personal Injury Expert
www.SettlementCentral.Com


---------- FOLLOW-UP ----------

QUESTION: Hi there thanks for writing me back so quickly i appreciate that.  Sorry about your Friend hope he gets better.  I think the law is messed up these insurance companies should have to go threw the pain of having something like this happen to them then they may actally care but then they may not have a job as an insurance agent lol  well again thanks again hope your friend gets better.

Sincerely,

Scott

Answer
Thanks for the greetings and well-wishes, Scott.  I will pass them along to Dr. Settlement.

I agree with the comments about the insurance industry.  But then look at the speeches given by politicians who are the pawns of the insurance industry pushing so-called "tort reform".  Fight them every chance you get.

On to your situation.  I think that witnesses can document a change in your voice.  THAT ALONE is compensable, even if you are not an attorney.  

It is like a scar on your face.  Sure, it would be worth a lot more if your face was involved in making your living.  BUT it IS compensable for any of ordinary folks.  

So work on witnesses and also perhaps a voice trainer who can provide documentation.

Best wishes,

Morgan Jacobsen, J.D. (Juris Doctor)
www.settlementcentral.com