How Are Damages Calculated in Personal Injury Claims?

If you suffer an injury in California due to someone else’s negligence, it is in your best interests to file a claim against the at-fault party. However, calculating damages can be tricky. Fortunately, an Sacramento Hills personal injury lawyer can help you figure out how much money to request. 

At Triumph Law, P.C., we take the guesswork out of calculating damages in injury claims. Our El Dorado Hills personal injury attorney can work with you to determine how much compensation you deserve from the party responsible for your injury. To get started, please reach out to us. 

There Is No One-Size-Fits-All Approach to Calculating Damages

In California, the law does not provide a method or formula for calculating damages. Instead, you will need to account for many factors to determine how much money you should request in an injury claim. You can then pursue one or more of the following types of damages:

Special Damages

These losses are quantifiable. They can include costs relating to property damage, lost wages, and other out-of-pocket expenses that you have incurred due to your injury. To calculate your special damages, you can add up the receipts associated with your injury-related expenses. 

Medical Damages 

If you go to a doctor and require any medical treatments for your injury, keep track of these costs. That way, you can pursue medical damages. In instances where you are involved in a distracted driving car accident or any other incident that causes a catastrophic injury, your medical damages may total tens or hundreds of thousands of dollars. 

General Damages

General damages are subjective. While you can add up special and medical damages, it can be tough to do the same with general losses. This is due to the fact that general damages include the costs associated with pain and suffering you have dealt with as a result of your injury. 

The team at Triumph Law, P.C. wants you to get as much compensation as possible in your personal injury lawsuit. To date, we have helped our clients achieve outstanding case results, and we are here to help you do the same. To find out more, please get in touch with us. 

What It Takes to Calculate the Damages in Your Personal Injury Case 

If you are unsure of how much to request in your injury case, help is available. You can partner with a personal injury attorney in El Dorado Hills. At this point, your lawyer can review your case and consider your damages. 

In most California injury cases, you can pursue any amount of damages. There is an exception for non-economic damages in medical malpractice cases. With these lawsuits, you can request up to $250,000 in compensation for pain, suffering, and other subjective losses. 

Your lawyer will go over your losses thus far and any expenses you may encounter in the future. Next, they can provide you with a recommendation on how much money to request in your personal injury lawsuit. If you agree with this amount, your attorney can file your lawsuit and represent you throughout your litigation. 

Expect a Lengthy Legal Process to Get the Damages You Deserve

If you file a bicycle accident lawsuit or any other personal injury claim, it can take months or years to resolve your case. Your lawyer will commit the time, energy, and resources required to build a compelling argument. They will also keep you in the loop if the defendant in your case proposes a settlement. 

You may receive a settlement offer if you have an abundance of evidence to support your argument. In this situation, the defendant may propose a settlement less than what you could get if you bring your case to trial. By approving the settlement, you get money right away but give up the right to try your case in front of a jury of your peers. 

Ultimately, you have the final say on whether to accept a settlement proposal. You should only approve a settlement offer if it provides you with sufficient compensation. Otherwise, you and your lawyer can keep working together to prepare for your trial.

Your Percentage of Fault Can Impact Your Damages

When you have an experienced personal injury lawyer in El Dorado Hills at your side, you are in a good spot. Your lawyer will work diligently to prove that the defendant in your lawsuit was solely responsible for your injury. If your attorney succeeds, you should expect to be awarded full damages. 

On the other hand, a judge or jury may find that you were partly responsible for an incident that led to your injury. For example, in a motorcycle accident case, a judge or jury may deem that the plaintiff and defendant were jointly responsible for the incident. If this happens, the judge or jury can reduce the damages awarded to the plaintiff by this individual’s percentage of fault. 

California has a pure comparative negligence statute in place. If you are found to be even 1% responsible for your personal injury, the damages you are awarded can be reduced accordingly. You and your lawyer must account for this as you craft your case to ensure that your argument resonates with a judge or jury, to the point where they will be compelled to award you 100% of the damages you originally requested. 

Get Help with Calculating Your Damages

It is easy to lose sight of the long-term impact of a personal injury. In the initial days after you suffer your injury, you may have concerns about how you will pay your medical bills. This may lead you to accept a lowball settlement offer from the party responsible for your injury, despite the fact that it is not in your best interests to do so. 

Rather than risk missing out on compensation for your injury, get help from a personal injury lawyer. You can work with a lawyer who knows the ins and outs of the legal system. This attorney will put you in the best position to secure a fair settlement. 

Triumph Law, P.C. has more than two decades of experience in personal injury lawsuits. We can calculate your personal injury damages and help you get the maximum amount of compensation. For more information or to request a confidential consultation, please contact us today.