California’s personal injury laws state that individuals hurt due to another party’s actions or negligence have a right to be compensated for their injuries. Personal injury claims in California may include several types of damages.
Types of Personal Injury Damages
Not all personal injury claims may include the following types of damages. A skilled and experienced personal injury attorney will help determine what to include in your claim and how much you should try to recover.
- Medical Expenses
You have a right to recover your expenses relating to medical treatment at the time of the injury, including emergency room, surgery, rehabilitation costs, and future medical care. If medical expenses result from the injury, whether right away or ongoing, you have a right to be compensated.
- Lost Wages – Current and Future
When an injury inhibits your ability to work, you may be awarded compensation for the lost income. This income includes the wages lost during the healing or rehabilitation period and future earnings if your ability to work in the future is limited or completely altered.
- Property Damage
You have a right to recover damages to your personal property damaged or destroyed in the incident. Property damages may include the cost of repairing or replacing the items.
- Pain and Suffering
Compensation for physical and emotional distress caused by an injury is possible and varies significantly from claim to claim. This is due to the subjective nature of pain and suffering damages. Some factors affecting settlement amounts include the severity of the injury, the length of the recovery period, the impact on quality of life, including work, hobbies, and daily life, extended medical treatment, and emotional distress.
Comparative Fault
In California, the “pure comparative negligence” rule allows those who may be partially at fault for their injuries to file a claim. For example, if you are found to be twenty-five percent at fault for a car accident, your compensation would be reduced by twenty-five percent.
Other Legal Considerations in Personal Injury Claims
Negotiations
Most personal injury claims in California are settled out of court through negotiations between the attorneys representing the claimant and the defendant. Often, the difference between an average settlement and a full settlement that fairly compensates a victim for their injuries is the skill of their attorney in the negotiation process. It’s also important to know that once a settlement is reached, you must sign a release of liability, which means you cannot pursue further claims related to the incident. In other words, you have one shot to get it right.
Attorney Fees
Contingency fee structures allow anyone to secure legal representation and pursue a personal injury claim if they have been injured due to someone else’s actions. This fee structure means you pay only if and when you win a settlement. Your attorney’s fee will be paid out of the settlement.
Skilled and Affordable Legal Help is Available
Eason & Tambornini’s personal injury attorneys bring a combined total of over 100 years of legal experience to our work. Our commitment at all times is to fight for fair, maximum compensation for every client we serve.
FREE Consultation and NO Upfront Legal Fees
Our personal injury attorneys offer a free, no-risk consultation to discuss the facts of your case. You can ask questions and gain a complete understanding of the process.
Schedule a free consultation today by calling Eason & Tambornini at (916) 438-1819.
