In California, injured parties can be compensated for wage loss or other economic loss, medical expenses, and future medical expenses. These types of losses are called "special damages." You can also get compensated for pain and suffering. This is referred to as "general damages." Damages means money.
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Your medical expenses are the provider bills and related expenses for items like crutches, wheelchairs, walkers, TENS units, etc.
Often, well after initial treatment is completed, you may require more care such as such as additional surgeries, medication, physicial therapy, etc. It is not uncommon for insurance companies to try to minimize your injuries, even to the extent of hiring doctors to say your injuries are not that serious, you will not need any future medical care, or that you could easily return to work. That's why it is important for your attorney to completely understand how to characterize your injury.
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Wage loss is determined by how much work you missed due to your injury multiplied by your rate of compensation. As simple as it sounds, this formula can get complicated if you are self-employed due to improper record keeping, or have a claim that is considered speculative. Generally, you can establish a wage record from past year earnings.
Future wage loss is also compensable. Your injuries may not allow you to return to your usual employment so we hire vocational rehabilitation specialists to determine what work you can do with your limitations. An economist can then establish a wage loss analysis to predict what your future wage loss may be. If you cannot return to any kind of work, then an economist can project your earnings loss over your expected work lifetime.
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Pain and suffering encompasses pain, or loss of quality of life (such as the inability to participate in activities with your family and friends, inability to engage in hobbies, sports, travel, etc., depression, and damage to relationships with loved ones, including sexual relations) due to a major injury. There is no set figure or formula that defines how much this amount should be.
The truth is, no lawyer can tell you at the beginning how much you will get for your case until he or she has the medical records, bills, and wage loss analysis in hand. But I can give you a ballpark figure based on an understanding of what happened to you.
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How clearly can we establish the negligence or fault of the person(s) that caused your injuries, and the causal connection of that negligence or fault to your injuries? If the accident was partly your fault, then your damages may be reduced according to the percentage of your fault. In California, this is called comparative fault.
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| Law Offices of William "Wild Bill" Weiss |
| 130 Sutter Street, 7th Floor |
| San Francisco, CA 94104 |
| Toll Free: 1-888-MC-CRASH (1-888-622-7274) |
| Local Phone: (415) 362-6765 |
| Fax: (415) 362-2405 |
| Office Hours: 8:30am-5:30pm, Pacific Time, Monday-Friday |
| E-mail: wildbill@wildbill-law.com |
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