How Is the Compensation Amount Determined in a Personal Injury Case?

When someone else’s negligence causes you to be injured, you may have a personal injury case. You could be injured in a swimming pool accident, slipping on a wet floor at the grocery store, hurt in a traffic accident, or sustaining a dog bite. You may be wondering what actions you can take if you have suffered injuries from someone else’s negligence.

If this has happened to you, connect with an experienced Citrus Heights personal injury lawyer at Triumph Law to discuss your options. The following information will help to explain how your injuries can be compensated and to what degree. Read on to better understand your legal rights after suffering an injury.

What Rights do You Have as a Victim of Negligence?

People who have been injured in an accident often feel victimized over and over again. They may feel like their suffering will never end and that there is no light at the end of the tunnel. They may feel like they have no recourse for what has happened to them.

For example, if you were injured in a motor vehicle wreck, a reputable car accident attorney can explain your legal rights and help fight to protect them. In California, victims injured through someone else’s negligence are entitled to seek compensation for medical expenses, personal pain and suffering, lost wages, and other accident-related losses and damages.

California law Code 335.1 provides injury victims two years from the date of injury to file a civil lawsuit to seek compensation for their injuries and damages.

Every injury case is unique so compensation will vary from one victim to another. You will need to provide receipts or other documentation to prove that the dollar amount you are seeking is reasonable and just. If you have suffered catastrophic injuries or permanent disability, predicting what future medical care will be required can be difficult.

What Compensation Can an Injury Victim Recover?

Victims who suffered injuries due to someone’s negligence may have a long list of damages that an attorney with Triumph Law can help you recover. In California, injury victims can seek three types of compensation. These include economic, non-economic, and punitive damages.

Economic Damages

Economic damages are any expenses paid out-of-pocket due to the accident or injury. These can easily be proved through receipts and other documentation. Your attorney can help you gather this information to prove:

• Medical expenses, including ambulance rides, hospital stays, doctors’ bills, prescribed medications, over-the-counter medicines 
• Lost wages starting from your injury date and can include tips and bonuses you would have made during your time away from work
• Loss of earning potential if you are unable to return to your current position at work and must take a pay cut or find a new job
• Rehabilitation services can include physical therapy, chiropractic care, and medical doctors’ care to manage pain and help symptoms through stretching and gentle movements

Non-Economic Damages

Non-economic damages cannot be as easily verified as economic damages. These damages include the hard-to-calculate injuries suffered from the accident. There is no cap on economic damages except in cases of medical malpractice, which is capped at $250,000:

• Personal pain and suffering can be compensated for damages from amputation, scarring, and disfigurement
• Emotional anguish and post-traumatic stress disorder (PTSD) when an injury victim suffers from reliving the accident 
• Loss of consortium can be awarded for impairment of marital intimacy due to injury
• Loss of parental society can be compensated to minor children when parental support and companionship are lost
• Dissatisfaction with life when an injury victim is unable to continue the daily activities and hobbies they were able to do before the accident occurred

Punitive Damages

According to California Civil Code 3294 CC, victims who win a civil trial may recover punitive damages along with their economic and non-economic damages if the responsible party acted in a way considered to be oppressive, malicious, or fraudulent. Making an innocent mistake would not warrant a California judge to award punitive damages. Punitive damages are not meant to make a victim whole but to punish the responsible party.

When do You Need the Help of a Personal Injury Attorney?

Most personal injury cases in California only have two years from the date of the accident to begin the legal process. It is important that you do not wait two years or anywhere near that long to begin. There are many steps and deadlines that must be met in that two-year window.

In addition to the deadlines, you will need proper evidence that can show the full extent of your injuries and damages. This can be difficult to provide without the help of a knowledgeable and skilled attorney. There may be aspects of your case that can be accomplished on your own, but the likelihood of a successful and fully recovered personal injury case requires the help of legal counsel.

Hiring a California personal injury lawyer following your accident can greatly benefit your case. Your attorney can gather and review evidence, speak with eyewitnesses, and sift through police reports and medical documents. An attorney with Triumph Law is available to assist you with your case.

Triumph Law Is Here to Help. Contact Our Legal Team for a 100% Free Consult Today

If you or a loved one have been injured because another person has acted negligently, you deserve to be compensated for the pain they put you through. If the responsible party could have acted differently to prevent you from being injured, they must be held liable for the damages they caused. Even if you are partially responsible for the cause of your injuries, the personal injury team with Triumph Law can help you recover the compensation that you are entitled to.

Our personal injury advocates have years of experience fighting for the legal rights of injury victims in California. Whether you have been injured in a slip and fall, a car accident, a workplace accident, or on the property of a business or individual, we can fight for you. Use our online contact form to connect with our firm today.