The compensation available for plaintiffs in personal injury cases is highly circumstance specific. A settlement, damage award, or judgment can differ significantly from case to case. Damage calculations should be done with the different types of damage in mind. They should also be done with the assistance of an experienced personal injury attorney, such as the attorneys with Law Offices of Samer Habbas.
Economic damages are a subcategory of compensatory damages and are usually tangible costs incurred due to the injury. A clear-cut example would be the cost of fixing your car after an accident. That is an actual dollar amount that is recoverable.
Future lost earnings or other prospective costs are also economic damages, but they usually require expert testimony to establish and could be more contested than damage to your car.
Non-economic damages do not ordinarily have a tangible dollar value fixed on them. Pain and suffering are non-economic damages. Pain and suffering, along with other non-economic damages, are usually set out in a dollar amount representing the plaintiff’s experience living with the injury. Plaintiffs’ attorneys will attempt to get what is rightfully owed for pain and suffering, while defendants’ attorneys will advocate against this figure.
Ultimately, it is up to the judge or jury to determine damages for pain and suffering, so a well-reasoned and persuasive argument can go a long way. Additionally, expert testimony regarding suffering from injuries can be beneficial for plaintiffs’ cases.
Plaintiffs should be wary of attorneys promising high settlements or judgments. Promises of this kind usually indicate very shady marketing practices and could be considered malpractice because non-economic damage awards are not certain. The same can be said for promises of settlement amounts when negotiations have not taken place.
It is worth noting that California caps non-economic damages for medical malpractice cases. As of January 1, 2023, medical malpractice cases have a non-economic damages cap of $350,000, and med mal cases involving a wrongful death claim are capped at $500,000.
Comparative Negligence In California
California is a pure comparative negligence state. Both parties can be liable for some forms of personal injury. When concluding a case, a jury will assign percentages of fault to each party. For example, if the jury found your damages to be $100,000 but found you 20 percent at fault, you would be able to recover $80,000 from the opposing party.
This is important to consider when calculating damages for a claim where the negligence or fault of either party is at issue. Car accident claims are a good model for pure comparative negligence because it is not always entirely clear which driver is at fault. Therefore, you should take great care in selecting a skilled personal injury attorney to represent your claim. Proving damages and establishing fault is critical to getting the compensation you deserve for your injuries.
Attorney Experience Matters
Our experienced attorneys are expert negotiators; excellent negotiation skills may bring better judgment or settlement results. In addition, having a wealth of experience in many forms of personal injury gives Law Offices of Samer Habbas & Associates an advantage in proving and arguing damages. We go above and beyond for our clients, working tirelessly to protect their interests and get the compensation they deserve. For more information or to schedule a complimentary consultation, please call 888-848-5084 or contact us online.
November 27, 2023
November 24, 2023
November 21, 2023
November 20, 2023
November 17, 2023