The Law Office of James J. Dailey

For twenty years now, Jim has helped people in and out of the courtroom.

We can come to you- home, hospital, and weekend appointments available.

For twenty years now, Jim has helped people in and out of the courtroom. The cornerstone of relationship between an attorney and their client is trust. Listening to the client is first and foremost. If an attorney cannot listen to a client’s full story, there cannot be a full recovery.

If you, your family member or friend has been injured or passed away due to the fault of another, you may have certain legal rights to recover for the following damages:

1. Medical Bills - medical expenses that are reasonable in amount and necessary to treat the victim are recoverable.
2. Pain and Suffering - the measure of damages for this element is the intensity, severity, character, and duration of the physical trauma experienced by the victim.
3. Mental Anguish - many times, this element of damages is not taken seriously enough. Anxiety, distress, worry, etc. all accompany an injury and sometimes last longer after the injury has healed.
4. Lost Wages - the amount of money one loses by missing work is recoverable.
5. Future Impairment of Earning Capacity - this element comes into play when a person makes less than he or she did after an accident. For example, if someone could work a physically demanding job making $25.00/hr. and because of an injury has to go on light duty making $7.00/hr., then $18.00/hr. is an amount recoverable after the total is reduced to present value.
6. Permanent Injury - when a victim has an injury that they will “have to live with” for the rest of their lives, then they have a permanent condition. This is almost always established by a physician who testifies that the injury is permanent. Sometimes the physician also gives a disability rating. Scarring is also in this category as well.
7. Property Damage - is established by analyzing the fair market value of the property before and accident and subtracting the fair market value of the property after the accident. Finance charges one uses to buy the property are not counted.
8. Punitive Damages - is the only item available for recovery in a Wrongful Death case. Funeral expenses and items 1 through 6 are not recoverable unless a lawsuit is filed before the person passes away.

   Punitive damages are also recoverable in other cases where it is proved by “clear and convincing” evidence that the at-fault person was reckless (i.e., drunk driving), or acted with malice, fraud, oppression, etc.

Disclaimer: Recoveries are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstance

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