Maximizing the Value of Your Claim

When the U.S. Department of Health and Human Services (HHS) accepts that a vaccine caused your injury, that’s a major victory—but it’s only half the battle. The next step is determining how much compensation you’ll receive under the National Vaccine Injury Compensation Program (VICP).

This stage, called the damages phase, is where the value of your claim is decided. With the right approach, you can often maximize your award—whether through negotiation or by asking the court to decide.

At Pearsall Law Firm, P.C., we help clients nationwide navigate this crucial part of the process. Here’s what you should know.

1. Understand What Compensation You Can Recover

Once liability is established, the goal is to calculate your full losses—both financial and personal. Compensation under the VICP can include:

• Past and future medical expenses: hospital bills, therapy, prescriptions, and adaptive equipment.

• Lost wages or earning capacity: if your injury limits your ability to work.

• Pain and suffering: capped at $250,000, but awarded based on the severity and lasting impact of your condition.

• Future care needs: including long-term treatment or in-home assistance.

A strong claim documents every one of these categories with clarity and detail.

2. Strengthen Your Evidence

Even after liability is conceded, HHS will closely review your medical records and financial evidence before offering a settlement. To strengthen your case:

• Keep thorough records of every appointment, expense, and diagnosis.

• Obtain expert reports that explain how your injury affects your daily life and long-term prognosis.

• Prepare personal statements describing how the injury has impacted your work, relationships, and mental health.

The more clearly you demonstrate your losses, the harder it becomes for HHS to undervalue your claim.

3. Negotiate Strategically with HHS

After HHS reviews your damages evidence, government attorneys typically extend a settlement offer. This is your opportunity to negotiate. Vaccine lawyers like us, with deep VICP experience, can compare your case to prior awards, use case law to justify higher amounts, and present persuasive evidence to push the settlement upward.

If the government refuses to offer a fair amount, you have the right to reject the offer and ask the Vaccine Court to decide. In that setting, the same skills—organization, evidence presentation, and persuasive advocacy—help convince the judge to award the maximum compensation allowed by law.

4. Don’t Leave Money on the Table

Many claimants underestimate the value of future medical needs or ongoing pain. The damages phase is your one chance to recover fully. With experienced guidance, you can ensure every cost—financial, emotional, and physical—is accounted for.

At Pearsall Law Firm, P.C., we don’t just prove that you have a case; we also prove that you’re entitled to the maximum amount allowed by law. The limit of $250,000 only applies to pain and suffering. There is no limit for lost wages, future expenses, and other categories of damages.

So, if you may have a case, then click the “Contact Us Now” button at the top of this page to let us help you pursue the strongest possible award under the VICP.