Being involved in a personal injury incident can be taxing on anyone. The trauma of the incident can lead you to suffer from mental and emotional anguish, not to mention painful injuries and expensive financial burdens. Personal injury claims can help to hold a liable party accountable for possible financial compensation. Exactly how much compensation can you expect to receive for your injuries? We will answer this question now!
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Can I Receive Compensation For My Injuries?
The first thing you must determine is if you are eligible to be compensated for your injuries and other damages in the first place. This is where personal injury disputes come into place. If your case is able to undergo a personal injury claim, then you are more likely to be able to obtain financial compensation.
In order to qualify for a personal injury case, you have the burden of proof as an injured person to determine that the other party (whether it be another person, business, or entity) completed negligent or reckless actions that directly resulted in your injuries and/or damages as a result.
What Kind of Personal Injury Claim Can I File?
Personal injury claims encompass a variety of incidents. You can file a lawsuit for possible compensation if you have suffered injury from any of these events:
- Medical Malpractice
- Car Accidents
- Slip and Falls
- Product Liability
- Pedestrian Accidents
- Motorcycle Accidents
- Dog Bite Incidents
And more. If you’re unsure whether your case qualifies for a personal injury claim, it is best to sit down with a seasoned personal injury attorney San Diego who can answer your questions.
What Type of Compensation Can I Receive?
Compensation for personal injury cases can be divided into 2 categories:
Economic damages aim to reimburse any injured parties for tangible economic losses that were suffered as a result of the incident. This can include things such as:
- Medical expenses
- Future medical costs
- Loss of wages
- Rehabilitation/physical therapy expenses
- Property damages
- Any other out-of-pocket cost that came as a result of the injury
Non-economic damages refer to intangible items that may be harder to quantify. These items do not have monetary value, but can be linked as a consequence to the injury suffered. This includes:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Because these are non-economic damages, it can be harder to determine their value. This is why it is crucial to sit down with a personal injury attorney to take a look at the unique factors of your case.
What Factors Can Determine Compensation Amounts?
When looking at a personal injury claim, there are a few factors that can ultimately determine the compensation amounts. These factors are looked at by the insurance company you are filing a claim with, or the court if your claim has progressed to a lawsuit. Some of the factors examined include:
Severity of Injury
First and foremost, the severity of the injury is always examined. This can make a huge difference when it comes to compensation amounts. Serious injuries that have led to lifelong disabilities or may require thorough medical treatment are often the ones with the higher compensation amounts.
Similar to the severity of the injury, another detail examined are the medical expenses of the injury. This involves taking a look at hospital bills, surgeries, medications, therapies, and ongoing care as a factor to determine compensation amounts.
Impact on Daily Life
Something else many injured people who file personal injury lawsuits aren’t aware is examined is the impact on daily life of injuries. This looks into whether injured people can still complete their daily routines and activities, or if an injury has put a halt on their lifestyle. If you can no longer enjoy a normal quality of life as a result of the incident, this is taken into consideration when calculating a compensation amount.
This factor takes into account both past and future wage losses. If your injury causes you to miss work or reduce your earning capacity, your compensation amounts will reflect this.
California is a comparative fault state, meaning that parties can share the fault for personal injury incidents. If you were involved in a car crash and injured, but found to be 40% at fault for the accident, your compensation amounts would be reduced by 40%. This means if you’ve petitioned for a compensation amount of $10,000, you would get $6,000.
Can I Determine How Much My Personal Injury Claim is Worth?
The compensation amounts for personal injury claims can vary. There are unique circumstances to each one, such as severity of injury, degree of negligence, life impact, and more. On average, some California personal injury claims may range between $14,000 and $28,000. However, there are some cases that call for larger compensation amounts, or some for a smaller amount.
What Would Be A Good Compensation Amount for Me?
This question is always best left to a personal injury attorney. However, if you’d like to estimate a good amount to ask for compensation, be sure to take into account medical treatment and other expenses. Some of the most common expenses used to calculate personal injury compensation amounts include:
- Physical therapy
- Diagnostic testing
- Loss of income
It is vital to review all your pending and past costs that resulted from the accident, so you can determine what may be a good compensation amount to ask for. Sit down with your lawyer and discuss your costs and future costs, so you are not left asking for less money than you should be reimbursed for.
How Long Do I Have to File a Personal Injury Claim?
Personal injury attorneys always advise not to wait too long to file a personal injury claim. On average, in California people have about 2 years to file a personal injury suit from the date of the incident. It is best to file your claim immediately to avoid passing the statute of limitations. Once the statute of limitations passes, many personal injury claims do not make it to court and no compensation amounts are reimbursed. Additionally, letting too much time pass can make it more difficult to prove your injuries were a result from that particular incident, and there are more defense claims that can develop with passing time.
What Can I Do To Strengthen My Claim for Better Compensation?
The most important thing to strengthen your claim is to have the relevant evidence that reflects damages. For this, it is crucial you:
- Take photos and videos of the scene of the incident and your injuries
- Seek medical treatment and save the documents
- Get repair estimates
- Save any work pay stubs that could support your loss of income
And most importantly, sit down to review your case with a San Diego personal injury attorney. In order to really estimate the compensation amount that works for your claim, a personal injury attorney will do an in-depth review of your case, and the bills and proof of loss of income you save. Don’t delay, consult with an expert Dan Diego personal injury lawyer now!