How Is Compensation Calculated in a California Personal Injury Case?

July 22, 2025

How Is Compensation Calculated in a California Personal Injury Case?

When someone is injured due to another party’s negligence in California, they may be entitled to compensation through a personal injury claim. But how is that compensation actually calculated? At the Law Offices of David R. Denis, P.C., we help clients throughout Los Angeles understand the components of a personal injury claim and pursue the full compensation they are owed.


Types of Compensation Available


Personal injury compensation—also called “damages”—can be broken down into two primary categories:


1. Economic Damages


These are quantifiable, out-of-pocket costs associated with the injury:


  • Medical expenses (past and future)
  • Lost wages
  • Loss of earning capacity
  • Property damage


2. Non-Economic Damages


These damages are more subjective and relate to the impact of the injury on the individual’s quality of life:


  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or physical impairment


In some cases, punitive damages may also be awarded, but only when the defendant’s conduct was especially reckless or malicious.


Factors That Affect the Total Compensation


Several factors influence how much a personal injury claim is worth, including:


  • Severity of the injuries
  • Length of medical treatment or recovery
  • Permanent disability or disfigurement
  • Impact on future employment
  • Insurance policy limits
  • Comparative fault (California follows a pure comparative negligence rule, meaning your compensation can be reduced based on your percentage of fault)


California’s Comparative Negligence Rule


Under California law, even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you’re awarded $100,000 but found to be 20% at fault, you would receive $80,000.


Why Legal Guidance Matters


Every case is unique, and insurance companies often aim to minimize payouts. At the Law Offices of David R. Denis, P.C., we help Los Angeles injury victims understand their rights, build strong claims, and pursue fair compensation through negotiation or litigation.

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