A personal injury can occur when another entity or person negligently or careless causes injury with an action or lack of action. Some common portals for personal injury might include: vehicle and other transportation accidents, workplace accidents, slips and falls, medical malpractice, product defects, unsafe drugs, defamation of character, and dog bites.
Compensation For Personal Injury
When a personal injury occurs, and the victim decides to file a personal injury lawsuit, the victim (plaintiff) can be awarded damages to compensate for their injuries and losses. The losses awarded in a personal injury case fall into two broad categories: non-economic losses and economic losses. Both categories are equally important for the victims’ personal injury attorney to pursue, but non-economic losses can be much more difficult to examine and calculate.
Non-economic Losses
Economic losses are fairly precisely calculated to a dollar amount based on the evidence of the case – medical bills, lost income, lost capacity for future earnings, future medical care, damage to property, etc.. However, non-economic losses are intended for damages that do not have a fixed monetary value, such as: physical, emotional, and/or psychological pain and suffering; disfigurement or physical scarring; diminished quality of life; embarrassment and humiliation; inconveniences; limitations in going about activities of daily living; loss of enjoyment in life activities; and loss of consortium. As you might imagine, economic losses, such a line-item medical bill, are much easier to quantify than the intangible harm and grievances, such as the loss of an extremity, involved in non-economic losses.
Despite the difficulty valuing non-economic losses, they are still very important factors of personal injury, as they too can change the victims’ life forever; for example, a married couple may be unable have intimate moments or sexual relations due to the emotional or physical effects of a personal injury (loss of consortium.) Another specific example might be an avid runner suffering an amputation or leg injury that results in them no longer being able to enjoy their running routine (loss of enjoyment in life activities.)
California Non-economic Loss Cap
The amount of non-economic damages that can be awarded is not per se standardized by law, as the jury is entitled to subjectively award a sum as they see fit. However, some states, such as California, have instituted tort reform to place a “cap” on non-economic damages. For example, California has a $250,000 maximum limit for non-economic damages being awarded to a plaintiff in medical malpractice cases. The Medical Injury Compensation Reform Act also reduced contingent California attorney fees. This has not only made it more difficult for victims to find a competent lawyer willing to take on the expense and time involved in medical injury cases with non-economic damages, but also made it more important than ever to find the right lawyer.
Choosing The Right Lawyer For Your California Personal Injury Claim
The legal process for personal injury can be a daunting and perplexing experience. The right personal injury lawyer will be capable of helping you through the entire process and be instrumental in ensuring that you receive fair compensation. Here are three tips to consider when picking a lawyer to best represent your case for non-economical and economical losses:
*To best assess the merits of your case and determine the best legal strategy for fair compensation, choose a personal injury attorney who has a firm focus in personal injury.
*Choose a personal injury lawyer who is experienced and has a well established track record of success, as these lawyers already have the experience and knowledge to quickly and effectively handle personal injury cases.
*Choose a financially secure personal injury lawyer that will have the monetary resources to properly protect your legal rights during a long, costly, and/or complicated legal process.
