skip to Main Content

Calculating Damages in Personal Injury Claims: What You Need to Know

Calculating Damages In Personal Injury Claims: What You Need To Know

Personal injury claims can often be daunting. When navigating through this maze, it’s crucial to understand how the financial aspects of your case are valued. This comprehensive guide is designed to break down the intricate process of calculating damages in personal injury cases.

Understanding how your claim is valued is critical in ensuring you receive fair compensation for your injuries. This not only sets your expectations right but also helps you make an informed decision when hiring a personal injury attorney in Riverside, CA.

The Essentials of Personal Injury Calculations

When you’re injured due to someone else’s negligence, the law allows you to sue for various damages. The goal is to make the injured party ‘whole’ again, which includes reimbursing financial losses and addressing non-financial impacts of the injury.

Defining Economic and Non-Economic Damages

Economic damages are tangible costs incurred due to the injury, such as medical expenses, property damage, and lost wages. Non-economic damages, however, aren’t as easily quantifiable and include aspects like pain and suffering, loss of enjoyment of life, and emotional distress.

The Role of Punitive Damages

Punitive damages, while rare, are awarded to punish the wrongdoer for especially reckless or egregious behavior. They serve as a deterrent and a stark warning against similar practices.

The Complexities of Damages Calculation

Several factors come into play in the process of valuing a personal injury claim. Here, we examine what influences the final figure.

Comparative Negligence and Its Effects

California operates under a comparative negligence rule, wherein each party’s degree of fault is considered. If you are found partially responsible for the accident, your compensation might be reduced.

The Gravity of the Injury and Its Long-Term Implications

Severe injuries that lead to disability or long-term care needs will result in higher settlement values. Vocational loss and the need for adaptive equipment or home accommodations are factored in.

Special Considerations for High-Impact Injuries

Cases involving brain injuries, spinal cord damage, or catastrophic burns will engage a different evaluation approach, often with the need for specialist testimony.

Understanding the Damages Calculation Process

Economic damages, fairly straightforward to calculate, involve summing up all measurable costs associated with the injury. Meanwhile, non-economic damages are typically arrived at through one of several methods, each relying on different evidence and arguments.

The Formula for Economic Damages

The formula for economic damages is relatively simple. It sums up the past and future costs related to the injury, including medical expenses, property damage, and lost income.

Multiple Methods for Non-Economic Damages

Valuing non-economic damages is more complex. The ‘per diem’ method assigns a daily value to pain and suffering, while the ‘multiplier’ method determines non-economic damages by multiplying the economic damages by a factor determined by the severity of the injuries.

The Critical Role of a Personal Injury Attorney

Navigating the intricate process of calculating damages in personal injury claims is a complex undertaking, best handled by a professional.

Expertise in Damages Evaluation

Experienced personal injury attorneys understand how to gather and present evidence to obtain the maximum compensation for their clients.

Negotiation Skills to Maximize Compensation

Knowing when to press for a better offer and when to settle to avoid a trial is an art that skilled attorneys master, often resulting in higher settlements.

The Benefit of Legal Consultation

Even if you are unsure whether you have a personal injury case, a consultation with a legal professional can provide clarity and direction without any commitment on your part.

The Value of Expert Consultation

In summary, understanding the finer points of damages calculation in personal injury claims is key to ensuring you are not short-changed in your pursuit of justice. By seeking professional legal advice, you can evaluate your claim accurately and rest easy knowing you have an advocate on your side.

Don’t tackle your personal injury case alone – contact Wagner Zemming Christensen, LLP at 951-686-4800 for tailored counsel that puts your best interests first. Your injury story deserves the right ending, and that starts with understanding and defending your financial rights.

Back To Top