How Much Is My Personal Injury Case Worth in Stockton
I’m Ed Smith, a Stockton personal injury lawyer. One of the most common questions an attorney is asked is, “how much is my case worth?” This varies depending on the circumstances. There are three factors that must be considered in any case. These are the extent of damages, the degree of fault involved and the amount of negligence each party in an accident is assigned. Let’s take a look at these factors, and probe the way in which compensation is calculated.
Negligence
Negligence is the basic factor upon which any personal injury case is built. Technically, without negligence, there is no case. So, what is negligence from a personal injury perspective? It is the lack of reasonable care a person or entity exhibits that result in an injury or damages to another person. Negligence can be in the form of actions such as running a red light. It can also be due to a lack of care that is expected in other areas. An example of this would be the expected duty of care a doctor is obligated to provide his or her patient. Since this is based in part on the type of care provided in the area/community, it differs slightly from one place to another. In this case, it might not be about doing something wrong but not doing enough to maintain the standard of expected care.
Severity of Injuries and the Extent of Damages
The seriousness of injuries someone experiences in an accident determines the level of cost for treating that injury. The more severe an injury is, the more time will be lost at work. For example, if a driver suffered a catastrophic injury, such as traumatic brain trauma, he or she would require hospitalization and medical care for the injuries, both of which may be prolonged. In addition, the driver would be unable to work so the income they might have made would be lost due to the injury. Both medical expenses and lost income are examples of damages that are used to determine what the case is worth. Since damages are simply the monetary representation of injuries, the more serious an injury is, the higher the associated damages.
Fault in a Personal Injury Case
Fault is an important component of a calculation of how much a case is worth. Since California is a pure comparative negligence state, the degree to which a driver is at fault matters a great deal in the final compensation. The jury has the ability to assign fault to each driver in determining compensation.
Example of Comparative Fault
Let’s look at it like this: One driver is at a stop sign and sees another vehicle approaching in the intersection. The driver believes he or she has enough time to cross the intersection. However, the other vehicle suddenly begins to travel faster and exceeds the speed limit. In determining fault, it becomes obvious that driver one miscalculated the time it would take for his vehicle to make it across the intersection without being hit. However, the second driver was speeding and even ramped up his or her speed. In this case, driver one could be said to be 60 percent at fault, while the second driver was 40 percent negligent. That means driver one could collect 40 percent of any damages he or she incurred while driver two could collect 60 percent.
Personal Injury Compensation
Once the degree of fault and negligence is established, it is possible to tabulate the amount of compensation you can expect. Each case is different and a seasoned personal injury lawyer can refine the calculations after meeting with a client. The main categories that are compensated are:
- Medical expenses: This represents all the medical costs that resulted after an accident.
- Lost wages: The totality of wages, bonuses, and perks a person would have earned had it not been for an accident.
- Property damage: The cost to repair or replace property that was damaged is used.
- Lost future wages: The wages a person will not receive in the future because he or she cannot return to work.
- Future medical expenses: Cost of medical treatment in the future due to the injuries incurred in an accident can be added.
- Pain and suffering: This is determined by a jury. It consists of the physical, mental and emotional pain a person suffers due to an accident.
Stockton Personal Injury Lawyer
I’m Ed Smith, a Stockton personal injury lawyer. When a negligent party has hurt you, you want to make sure that you receive the compensation you deserve. The assistance of an experienced injury lawyer is critical. Call me at (209) 227-1931 in and around Stockton and (800) 404-5400 outside of the area. You can reach me online too.
I’ve helped numerous residents of Stockton and those in the wider Northern California area in the past 36 years to receive the best compensation they can in all types of accidents.
I am a member of the milliondollaradvocates.com. We are a forum of trial lawyers who have won a verdict or negotiated a settlement in excess of $1 million for a client.
If you want to know more about me or my practice, go to the following pages:
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