What Are The Damages In California Personal Injury Claims?
- Jan 16, 2022
- 4 min read
Updated: Sep 4, 2022
How Much Can You Get From California Personal Injury Claims?
The most significant advantage of filing Personal Injury Claims is the ability to get the compensation you deserve. When an insurance company refuses to give you the proper compensation for your losses, you'd be able to stand your guard and defend your claim.
That said, Personal Injury Claims aren't just to get more payouts. You'd need to prove how much compensation you deserve based on the facts of the case. So, let's discuss how these personal injury damages are calculated:
Economic Damages
Economic damages are the first type of damages available in a personal injury case. These costs, expenses, and financial losses are related to the accident victim's costs, fees, and financial losses. The following are some examples of economic losses:
1. Medical Expenses
Damages include the expense of your medical care and therapy following an injury. This is the most prevalent damage in a personal injury case.
Medical expenses can include, but are not limited to, the following:
Costs for ambulances and emergency rooms
Doctor's fees
Surgery and hospitalizations
Lab tests, x-rays, CT scans, MRIs, and other diagnostic tests
Physical, occupational, vocational, and other types of therapy
Medical supplies
Medications
Almost any reasonable and necessary medical expense can be included in a personal injury case. Therefore, victims should seek urgent medical attention after an injury and preserve meticulous records of all medical expenditures and costs.
Our Los Angeles Personal Injury Lawyer advises every client to keep all receipts and documents, as these can be used as proof to justify your claim.
2. Loss Of Income
If your injuries prevent you from working, you may be eligible for compensation for your lost wages. Income loss can be caused by a variety of factors, including:
Wages
Salaries
Benefits
Commissions
Bonuses
Losses based on projected earning potential
Loss of opportunities and other forms of compensation may also be considered as damages for loss of income. As with medical bills, meticulously documenting your losses improves your chances of collecting full reimbursement for your economic losses.
If you're currently struggling with a possible personal injury claim, consult with a California Attorney For Personal Injury to help move forward.
3. Out-Of-Pocket Expenses
In a personal injury case, medical expenditures and lost wages are two of the most common types of economic losses. That said, other financial losses, depending on the circumstances, may be included in a claim for damages, including:
Expenses for getting to and from medical appointments
Personal care or in-home health care
Medical or personal care that is required on a long-term basis
Because of a disability or impairment, modifications to a home or vehicle are required.
Assistance with household tasks
For financial losses, keep all bills, invoices, receipts, and proof of payment. Your California Personal Injury Attorney will determine which of these losses can be included in a settlement demand.
Non-Economic Damages
In a personal injury case, "pain and suffering" damages may be awarded, often known as non-economic damages. You have a right to compensation for the pain and suffering you have had due to the accident and your injuries.
The person who caused your injury may be held financially responsible for:
Pain and suffering
Disabilities and long-term impairments
Scarring and deformity
Mental agony and emotional distress
PTSD, anxiety, and depression are examples of psychological damage
Loss of enjoyment of life
There is no set method for calculating the value of a person's pain and suffering. However, numerous elements influence the amount of pain and suffering damages awarded in a personal injury case. Let's take these examples:
A person who suffers a catastrophic accident that results in lifelong impairments, such as amputations, paralysis, or brain damage, is seen to suffer more than someone who breaks a bone and heals in a few months.
A person who suffers several broken bones or complex fractures that require surgery, on the other hand, may not suffer as much as someone who breaks a finger. Everything is dependent on the facts of the situation.
By keeping a journal throughout your case, you can assist your Personal Injury Attorney Los Angeles in maximizing pain and suffering damages. Make a list of your everyday pain levels and how your injury has affected your life. Take note of how you felt, including whether you had flashbacks, nightmares, anxiety, or distress.
Punitive Damages
Punitive damages are a third type of compensation awarded in particular personal injury instances. However, punitive damages are rarely awarded in personal injury cases.
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