You can file a California personal injury lawsuit against someone who causes you harm due to their carelessness. If your claim is successful, you will either reach a settlement or be given a financial reward by a judge.
It begins with a straightforward demand letter written by your California accident lawyer. Next, you lay forth the events and other pertinent information in this letter, which usually concludes with a request for a certain sum of money. This is the sum you would be ready to accept as compensation for your case.
However, how much do you and your California accident lawyer demand? Unfortunately, estimating how much to want in a personal injury settlement is difficult. Still, it's a crucial step in your quest for compensation for your injuries.
How To Prove Your Economic Losses In California Personal Injury Law
What Are Economic Damages In California?
When you are injured by someone because they were negligent, you can file a civil claim to collect damages tantamount to your losses. You can collect two types of damages: economic and non-economic damages.
- Economic damages deal with material damages. These usually pertain to financial losses from medical bills and lost income. Again, these are relatively easy to prove as long as you have the documents and receipts.
- Non-economic damages, on the other hand, are more "intangible." This includes emotional distress, mental anguish, and pain and suffering.
Economic damages are relatively simple to calculate because they involve money directly. You add up all the costs and losses you have incurred due to your wounds. You'll want to provide supporting documentation for these calculations, such as receipts.
Economic damage calculations can become a little more challenging when considering the anticipated future expenses resulting from your injuries. What if, for instance, you know that the accident will necessitate corrective surgery but hasn't happened yet? It will be up to you to determine a realistic cost estimate; your lawyer can assist with this.
Your Los Angeles accident lawyer will assess your claim based on these factors, combining economic and non-economic damages. To get a good
What Are Examples Of Economic Damages In California?
Any way a negligently induced accident has injured you should impact the compensation you ask for in a personal injury lawsuit. For our purposes, the economic damages that you can be compensated for include (but are not limited to) the following:
- Medical expenses
- Surgeries
- Doctor's fees
- Future/projected treatment expenses
- Earnings lost while you were recovering
- Future wages lost as a result of disability
- Damage to property
These are some of the more typical damages in personal injury lawsuits; however, there are other types. Your Los Angeles accident lawyer can assist you in determining the value of each of these damages so that they can be included in your settlement calculation.
How Do You Prove Economic Losses In California?
Your ability to recover financial compensation for your personal injury depends on several variables. Therefore, you must consider each of the following elements, among others, and how they relate to your particular situation when figuring out how much to want in your settlement.
1. Showing The Severity Of Your Injury
Minor concussions to permanent brain damage are all possible types of brain trauma. In addition, back pain or paralysis can result from a spinal injury. In other words, injuries can range significantly in severity.
While every injury brought on by someone else's carelessness deserves compensation, the severity will assist you in establishing the precise amount you should ask for. You and your Los Angeles accident lawyer must ensure you have the evidence to show it.
2. Establishing The Level Of Fault
To win a personal injury lawsuit in California, the defendant must be at fault for the incident that caused your injuries. However, they might not be solely at fault. Fault can be divided under California personal injury law.
That said, being partially at fault doesn't mean you can't file claims. For example, if you're 28% at fault, it would only be deducted from the damages you'll receive from the other party. Have a prescreened accident lawyer in Los Angeles assess your case and review your legal options.
3. Witness Statements And Evidence
The other side is far more likely to agree to a more significant settlement sum if your case is based on eyewitness testimony and readily available evidence. Hence, an experienced Los Angeles accident lawyer needs to investigate and compile more evidence to ensure a successful claim.
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