Claiming your voice-Essentials of Personal Injury.
What counts as personal injury?
Personal injury occurs when an individual’s negligent, reckless, or intentional conduct results in harm
to another person. This encompasses a broad range of incidents, including automobile accidents,
slip-and-fall accidents, medical malpractice, product liability claims, and more. The resulting harm
can manifest physically, emotionally, or psychologically. Following an injury, it is crucial to seek
immediate medical attention. While some injuries may be immediately apparent, others may not be
as easily visible. A comprehensive medical evaluation can identify hidden injuries, such as internal
bleeding or damage to internal organs. The medical examination and subsequent report serve as
essential evidence in a personal injury claim. The extent of the injuries sustained is a significant
factor in determining the appropriate amount of compensation
Statute of limitations for personal injury cases, typically two years (California) from the date of the
injury. Failure to file a claim within this timeframe may result in a forfeiture of legal rights.
What Damages Can Be Recovered in a Personal Injury Claim?
Economic damages
• Present and future medical expenses
• Prescribed medications
• Household services
• Property damages
• Rehabilitation or other therapies.
• Lost wages
• Loss of earning capacity
Non-Economic damages
• Pain, suffering and mental anguish
• Disfigurement or dismemberment
• Emotional distress
• Humiliation and Reputational damage
• Aggravation from prior injuries
• Loss of consortium
• Loss of companionship
What is the potential value of my personal injury claim?
When determining the value of a personal injury settlement, several factors are typically considered:
• Economic Losses: The financial damages incurred due to the injury, such as medical
expenses, lost wages, and property damage.
• Extent and Severity of Injury: The nature and severity of the physical and emotional injuries
sustained.
• Damages: The total amount of compensation sought, including both economic and non-
economic damages.
• Intentional or Accidental Nature: Whether the injury was caused intentionally or by
accident.
• Strength of Evidence: The quality and quantity of evidence supporting the claim.
It's important to note that there is no one-size-fits-all formula for calculating personal injury
settlements. The final amount awarded will depend on a variety of factors and may be influenced by
negotiations between the parties or a court ruling.
