Personal injuries can disrupt your life and leave you dealing with medical expenses, lost wages, and emotional distress. If you've suffered an injury due to someone else's negligence, you may have a right to compensation. However, the process of claiming compensation can be daunting, and you may be wondering how compensation is calculated in a personal injury case. This blog post aims to assist you in understanding the various elements that play a role in compensatory damages.

The first step in calculating compensation in a personal injury case is to determine liability. Liability refers to the extent of fault of the individual or party responsible for your injuries. In California, if the party is found 100% guilty, they're ordered to compensate the victim for all damages. On the other hand, if the victim is found somewhat or entirely at fault, this can affect the amount of compensation they receive.

The next step is to calculate economic damages. Economic damages are easily quantifiable expenses associated with the injury. Some of these expenses include medical bills, loss of present and future earning, property damage, and other out-of-pocket expenses. Your personal injury lawyer is responsible for putting together a comprehensive list of all economic damages incurred as a result of the injury.

Non-economic damages such as pain, suffering, mental distress, and disfigurement are also calculated to determine the total amount of compensation you may be entitled to. Non-economic damages are challenging to quantify since they're subjective, and each case is unique. Typically, juries use the multiplier method to calculate non-economic damages. The method takes the amount of economic damages and multiplies it by a specific number from 1-5 based on the severity of the injury and the expected recovery time.

In some cases, punitive damages may be awarded where the offender's actions are deemed to be wanton, willful, or malicious. Unlike compensatory damages, punitive damages are not a form of compensation but an additional award granted to punish the responsible party for their intentional conduct.

Finally, the presence of contributory negligence can impact the total amount of compensation awarded. In California, if the victim is found to have contributed to their injuries, the amount of compensation would be reduced by the percentage of negligence attributed to them.

That's just a brief overview of how compensation is calculated in a personal injury case in California. While the formula may seem straightforward, each case is unique, and the amount of compensation may vary significantly depending on numerous factors. It's worth investing in a personal injury lawyer who can help you receive the maximum amount of compensation you're entitled to. Their expertise can help you navigate through the legal process and receive the justice and compensation you deserve.