Several details and factors may contribute to the amount of compensation you’re lawfully entitled to sue for personal injury in California. Before filing a claim, get in touch with Roseville personal injury lawyers who are ready to utilize extensive legal knowledge and experience for you and your case.
How Much Can You Sue for Personal Injury in California?
The amount a personal injury victim may receive in a settlement payout is largely influenced by how severe their injuries are, the extent of other damages or losses, the type of personal injury claim, and the liable party’s insurance.
Affected parties with relatively minor injuries are less likely to require extensive medical treatment and time spent away from work in recovery while unable to earn wages. Victims with serious physical injuries are more likely to be awarded higher compensation due to emergency medical care costs, future medical treatment, lost wages, pain and suffering damages, and other losses. Permanently disfigured or disabled victims are also likely to yield a higher settlement.
A personal injury claim amounts to the sum of the individual’s economic and non-economic damages. Economic losses can be simply calculated by adding up the costs of any past or future medical care, any physical or mental therapy, property damages, loss of income, and/or diminished ability to earn potential income.
Non-economic losses are subjective and determined by the court; these include bodily pain, permanent disfigurement (e.g., scarring, amputation) and damage (e.g., paralysis, cognitive impairment), emotional distress, psychological trauma, and more.
Types of Personal Injury Claims
There are many types of personal injury for which the affected parties can seek a settlement. If you or a relative has sustained bodily harm or wrongful death as a result of any of the following circumstances, consider hiring qualified legal counsel.
- Motor vehicle and boat accidents: Car accidents commonly lead to a personal injury claim, especially if the other driver was intoxicated or driving recklessly.Our firm also handles cases of injury caused by truck/big rig collisions, motorcyclist incidents, and boating accidents.
- Slip-and-falls (premises liability): If you were injured on another’s property, the owner is liable and subject to recompense; they are legally obligated to maintain the safety of their property.
- Negligent security officers: Security guards have a duty to protect the public against violence, assault, and robbery, but their negligence can result in damage to your person and property.You can seek repayment from the officer and their employer for failing to provide sufficient security.
- Civil rights violations: You have the legal right to pursue compensation in the event that your Constitutional or civil rights as an American citizen have been violated.This includes 1983 claims wherein the victim’s civil rights are infringed upon by a party operating under the color of state law: an official wrongly claiming their unauthorized actions against you are legal or appropriate.
- Dog bites and other animal damages: Animal attacks can potentially inflict serious damage, such as deep bites or gashes that are susceptible to infection or disfigurement.If the owner’s negligence led to your injury, you can pursue legal action.
- Catastrophic injury: Some physical injuries or their effects are permanent or long-term, deeming them particularly catastrophic.Some examples include traumatic brain injury (TBI), TBIs causing permanent mood issues, cognitive impairment or physical disability, disfigurement or loss of limb function, paralysis, injury resulting in deafness or blindness, spinal cord trauma, and chronic lung damage.
- Wrongful death: The wrongful death of a spouse, child, or other relative can be an immense loss to surviving family members. If the deceased was a primary earner of a household’s income, the loss can also bring financial hardship.The families of victims of car accidents, workplace injuries, or medical negligence who died on-site or later from their sustained injuries can seek compensation for their loss, funeral costs, medical bills, and financial damages.
FAQs
Q: How Much Can I Get for a Personal Injury Settlement in California?
A: How much you can get for a personal injury settlement in California is largely determined by the extent of the injury, and it must be legally reasonable and valid. Personal injury settlements are worth the sum of economic and non-economic damages.
Economic damages can be added up from medical bills, future medical treatment, property damages, and lost income. Non-economic or pain and suffering damages are subjective and decided by the court based on the available evidence.
Q: How Much Is Pain and Suffering Worth in California?
A: What pain and suffering damages are worth in California is challenging to calculate. Emotional or psychological harm endured as a result of personal injury is somewhat subjective.
Strong evidence speaking to the extent of your pain and distress may yield higher compensation; testimonies from loved ones or healthcare providers, especially a therapist, in addition to journal entries may be effective proof. Additionally, parties who suffered permanent injury such as brain damage or paralysis are often awarded higher settlement payouts.
Q: What Is the Highest Personal Injury Settlement?
A: The highest personal injury settlements in history have been in the billions of dollars, but these are exceedingly rare. Personal injury settlements vary depending on severity and case type. More serious injuries, especially those with long-term or permanent effects, increase the medical expenses and loss of income, along with pain and suffering damages.
The circumstances leading to injury may also impact the settlement. Medical malpractice or defective product cases are more likely to receive a high settlement than a car accident.
Q: Do I Have to Pay Taxes on a Personal Injury Settlement in California?
A: Yes, you will have to pay taxes on a portion of your personal injury settlement in California. In the state, you are only taxed for the economic damages within your settlement and not the entirety of the compensation you were awarded. The tax rate is currently 13.3 percent. However, you are exempt from paying taxes if your personal injury was awarded worker’s compensation or a medical malpractice settlement payout.
Talk With a California Personal Injury Attorney Today
If you or your loved one has sustained unnecessary physical injury as a result of someone else’s negligence, a passionate personal injury lawyer at The Ward Firm is ready to advise you today.
