What Factors Determine How Much Money I Will Get for My Injury in California?
After being involved in an accident, you may wonder how much compensation you may be able to get for your losses. If you or a loved one was injured due to the negligence of another, we can help. Our Ventura and Santa Barbara personal injury lawyers can help you hold the liable parties accountable for your losses.
To learn more about your case in a free, confidential consultation, call Bamieh and De Smeth, PLC, today at (805) 585-5056.
How Much Money Can I Expect from My Personal Injury Case?
Many variables come into play in every personal injury case. No case is exactly the same as the other. Therefore, the amount of compensation you can expect will depend on different factors. Some of the things that can affect your personal injury compensation include the following:
The Extent of Your Injuries
Personal injuries can happen for various reasons. Accidents can happen in many different settings and cause a variety of injuries. The extent of a person’s injuries will largely depend on their specific circumstances. Some of the most common types of accidents that may lead to injuries include:
- Car Accidents – Unfortunately, car accidents happen every day throughout the country. Thousands of people end up injured or lose their lives due to car crashes. Car accidents are commonly caused by different factors such as speeding, drunk driving, drugged driving, distracted driving, and other additional causes. Most of these crashes can lead to devastating injuries such as traumatic brain injuries (TBI), spinal cord injuries (SCI), among other severe injuries.
- Workplace Accidents – The average American spends 40 hours or more per week at their workplace. Most of them don’t expect to suffer an injury while performing their duties. Unfortunately, thousands of workers suffer injuries that can go from mild to severe, depending on the nature of their duties.
- Medical Negligence – When people visit their doctors, they do so thinking that they will receive nothing but high-quality medical treatment. However, this is not always the reality. Unfortunately, thousands of innocent patients are victims of medical malpractice. The negligence of healthcare providers can lead to severe injuries, and in extreme cases, death.
- Slip and Fall Accidents – Slip and fall accidents are one of the leading causes of injuries throughout the country. These accidents can lead to a wide range of injuries that can go from cuts and lacerations to bulged, herniated discs, among other more severe injuries.
Depending on the extent of your injuries, you may require costly medical treatment. In severe cases, personal injury victims may need continuing medical treatment that can be costly and last a lifetime. For instance, people suffering from quadriplegia may require constant medical care, and different medical devices to live. Treatment for this and other severe injuries can cost a fortune.
People who have experienced an injury due to an accident may not be able to return to work. During this time, the injured victim will likely lose money. This can cause a lot of stress, especially to families where the injured victim is the sole provider. This element is often taken into account when determining the compensation you can expect from your personal injury case.
Pain and Suffering
During and after an accident, an injured victim may feel a significant amount of pain and suffering. Generally, the level of pain and suffering a person may experience, is dependent upon the extent of the accident and resulting injuries.
All of these different factors are taken into account when determining the amount of compensation you can expect. Our personal injury attorneys can help you during your personal injury claim process. Additionally, we can help you understand how compensation may work in your specific case.
How Can I Prove My Personal Injury Case?
If you have been a victim of a personal injury accident, you may wonder how can you get the compensation you need and deserve. Most personal injury cases are solved by filing a personal injury lawsuit with the court. Once you have filed your personal injury claim, you, as a plaintiff, will have the burden of showing that the other party’s negligence caused your losses. Proving four elements will determine whether you are entitled to compensation from the liable parties. These elements are the duty of care, breach of duty, causation, and damages.
Duty of Care
Duty of care refers to the reasonability and prudence every person should employ in a given situation. For instance, your employer has a responsibility to keep the workplace area safe from hazards that may put your safety at risk. The same applies to drivers who have a duty to operate their cars safely.
Breach of Duty
Breach of duty refers to the noncompliance with the responsibility of care owed to other people around them. You will need to show that the liable party breached their duty owed to you.
During causation, you will need to show the linking nexus between the defendant’s breach of their duty of care and your injuries.
Finally, you will need to show the court that you experienced losses as a result of your injuries. The losses you can include as part of your personal injury attorney defense include lost wages, medical expenses, and pain and suffering.
Our personal injury attorney can help you understand your rights and guide you through your entire personal injury case.
Personal Injury Lawyer Offering Free Consultations in California
If you or a loved one was injured due to the negligence of a third party, we can help. Our Ventura and Santa Barbara personal injury attorneys can help you hold the liable parties accountable for your losses. Our decades of hands-on experience allow us to fight aggressively and strategically to fight for the compensation you deserve and need. To learn more about your case in a free, confidential consultation, call The Law Offices of Bamieh and De Smeth, PLC, today at (805) 585-5056.