TorkLaw

FAQ: A. Every case and every person is different. For example, suppose that two people lose the tip of their index finger in an accident. One person is a financial manager, and the loss of the tip of his finger does not interfere with his ability to work. The other person is a concert pianist, and the loss of the tip of her finger results in a serious risk to her career. In that situation, the injured pianist would be entitled to receive a much higher amount to make up for the money she would have made had she not been injured. Some damages—such as past medical expenses or lost wages—can be determined quite easily. Other damages—such as pain and suffering and future medical expenses—are much harder to calculate. Attorneys estimate a reasonable value by researching what juries have awarded plaintiffs (the injured person) in similar cases, or the amounts for which similar cases have settled out of court, along with the circumstances of their client’s case.

FAQ: A. Not at all. In California, the legal doctrine of “comparative fault” or “comparative negligence” applies. Suppose the total amount of your damages was $100,000, but you were found to be 40% responsible for the accident, while the other driver was 60% at fault. In that case, the amount you could recover from the other driver would be reduced by 40%, so instead of receiving $100,000, you would recover only $60,000. Car accident cases in which both parties were at fault can become complicated, so it is critical that you be represented by an experienced personal injury lawyer in situations like this.

FAQ: A. In personal injury cases, the Collateral Source Rule is intended to help promote full justice and compensation from a defendant’s wrongdoing. The rule states that an award cannot be reduced by a judge or jury just because the plaintiff received benefits from other sources, such as health insurance. The rationale behind the collateral source rule is that a defendant should not benefit from the plaintiff’s investment in private health insurance. In some states, the collateral source rule prohibits the admission of evidence that would inform the jury that the plaintiff has been compensated by a different source other than the defendant (i.e. health insurance).

FAQ: A. There are two basic categories of monetary compensation, or damages, you can recover: economic damages and non-economic damages. Economic damages consist of money you have paid or will pay out-of-pocket, such as certain medical expenses and lost wages. Non-economic damages are for your pain and suffering and other “intangible” losses that aren’t easily priced. Punitive damages can be recovered in cases of egregious negligence, or in which the other party deliberately or intentionally injured you, as in an assault and battery.