A Yermo personal injury lawyer can be the needed resource for those who have experienced a personal injury due to the fault of another party. These negligent or reckless parties need to be held accountable for their actions. A qualified lawyer presents you with the greatest chance of successfully filing a personal injury claim and receiving the fair compensation amount you deserve.
In California personal injury cases, there are three main categories of damages that you could be awarded.
These can be any damages that are numerically verifiable, and it is fairly simple to calculate them. They can include:
Non-economic damages include losses that are subjective. These do not have an obvious financial value. Some examples can include:
These damages are usually calculated in one of two ways. One method is called the multiplier method. This is where the economic damages are added up and then multiplied by a factor determined by the court. The multiplier depends on the severity of the damages. This multiplier is meant to compensate victims for their non-economic damages.
The other method, although less popular, is the per diem method. This involves assigning a specific dollar amount to each day of pain and suffering. That amount is then multiplied by the total number of days of expected pain and suffering.
Punitive damages may be awarded in some cases. These can also be known as exemplary damages. They are awarded as a means to punish the defendant for their conduct and discourage any future negligent behavior. These damages are up to the court’s discretion, and there is no limit to them as long as they are reasonable and proportionate to the damage caused to the victim.
There is no limit to the amount of compensation you could pursue for a personal injury in California. Some states put caps, but California does not. The court will award whatever amount it deems to be fair and appropriate.
However, there are some exceptions to this. One is for medical malpractice claims. These claims have a cap that increases each year under the current law. Some types of cases also limit the amount of pain and suffering that you could recover.
You should speak with a personal injury lawyer as soon as possible following your injury. If you’ve been involved in an incident, like a car accident, you should avoid talking with anyone about your case before you contact a lawyer. Avoid speaking with any insurance adjuster and never admit fault for any accident. Some people think they don’t need a lawyer because they suffered no injuries. You should avoid this mistake and contact a lawyer promptly.
A personal injury settlement is typically exempt from garnishment in California. This means that creditors cannot take the settlement money from your bank account. There are specific exceptions to this, but they are rare and specific by case. For example, the IRS or state could place a lien on your settlement claim. An experienced lawyer in Yermo, CA can identify this risk and notify you of the implications if it were to happen in your case. Under most circumstances, settlements are exempt.
If you wait too long to file a personal injury claim, you risk losing your legal right to pursue financial compensation for your injuries and damages. In California, the statute of limitations is two years. This two-year period starts from the date of the injury. It’s always better to speak with an attorney as soon as possible if you’ve been in an accident. The earlier you can start your legal claim, the better chance you have of succeeding.
The process for paying out a personal injury settlement usually involves three steps. The attorney and the insurance company must first reach an agreed-upon settlement amount. The insurance company pays out a check to the attorney. Attorney fees, court costs, and medical providers will be paid out, and the remaining balance will be issued to the injured victim. This process can vary in length but once the settlement agreement has been signed, it is final.
Victims of personal injuries deserve to be fairly compensated for their injuries and other damages. Whether it’s from a car accident, pedestrian accident, slip and fall accident, or any other type of incident, victims need to reach out to a qualified attorney for help. No one should have to suffer an unexpected injury and not receive any compensation for it. Speaking with an attorney is the most important thing to do following an injury.
At Corrales Law Group, our legal team has experience helping clients with their personal injury cases. We have aided clients in bus accidents, slip and fall accidents, premise liability cases, wrongful death claims, and many others. Our firm employs the compassion, dedication, and determination necessary to help you through your case. Contact us at our office today to see how we can advise you during this difficult time.
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