You’re working your shift when faulty equipment malfunctions and injures you. Suddenly, medical bills pile up, you miss work and pain becomes your constant companion. You deserve fair compensation, but how do California courts determine what your claim is worth? Thus, knowing how the valuation process works puts you in a stronger position to pursue the settlement you deserve.
How California courts value your claim
California courts look at a few key factors when valuing personal injury claims. They assess how serious your injuries are, how they affect your daily routine and who was at fault for the accident. Your age, job and how long it takes you to recover are also important.
Understanding these factors helps strengthen your case and sets realistic expectations. But before you start figuring out any amounts, it’s important to understand the two types of compensation you can receive.
Two types of damages you should know
In California, compensation is split into two main types to cover your total losses. When making a claim, you can ask for these types of damages:
- Economic damages: These compensate you for financial losses you can calculate. For example, if your medical bills total $50,000 and you lost $10,000 in wages, these amounts form your economic damages.
- Non-economic damages: These cover losses without a clear price tag, such as pain and suffering. For instance, if chronic back pain prevents you from playing with your children, you may receive compensation for that diminished quality of life.
Together, these two damage types capture the full impact of your injury. Aside from knowing which damages you can claim, you should also understand how they are calculated by the courts.
Calculating your economic damages
To calculate economic damages, add up all your injury-related expenses. Include current medical bills, estimated future treatments and lost income. Keep detailed records of every cost, as this documentation forms the foundation of your claim. Once you establish your economic losses, you can move on to the more complex task of valuing your non-economic damages.
Computing your non-economic damages
Unlike economic damages, non-economic damages require a different approach since they lack receipts or invoices. Two common methods help calculate these subjective losses:
- Per diem method: This approach calculates a daily dollar amount for your suffering and multiplies it by the days it takes for you to recover.
- Multiplier method: This approach takes your financial losses and multiplies them by a factor between 1.5 and 5, depending on the severity of your injury
Because these calculations involve subjective factors, working with a professional can help you arrive at a fair amount.
Protect your claim with legal help
Calculating your claim’s full value requires expertise and attention to detail. Insurance companies often try to minimize payouts, so having an advocate matters. An experienced attorney can evaluate your case, gather strong evidence and fight for maximum compensation. You can focus on healing while your lawyer fights for your rights. Take the first step today by consulting with a qualified attorney about your case.
