How Are Personal Injury Settlements Calculated in California?

A settlement in California for personal injury claims often depends upon numerous circumstances – the nature and extent of injuries and their economic losses, non-economic damages, and other factors. Given the significant financial and emotional impact of personal injuries, understanding how personal injury settlements are calculated in California is essential to ensure you receive the compensation you deserve.

There are many factors that go into the calculation of a proper settlement, which is why only someone with an extensive background in the law, evidence collection and analysis, and negotiation with insurance companies or at trial can come up with a fair settlement for your case. A Santa Ana personal injury attorney can help you through this complicated but vitally important process.

In personal injury settlements in California, the total compensation awarded is typically divided into economic and non-economic damages. Economic damages are straightforward, covering measurable costs like medical bills and lost income. Non-economic damages, however, address the broader impact of the injury, such as emotional distress and diminished quality of life. By exploring these two categories, you can better understand how a comprehensive settlement amount is determined.

Economic Damages

Economic damages, also known as special damages, are out-of-pocket losses attributable to the injury that can be quantified either through receipts or other records:

• Medical Expenses: All expenses incurred for any medical services provided or to be provided for the injury, including hospitals, doctors, physical therapy, medicine, and any future medical attention if the injury requires ongoing care.
• Compensation For Lost Wages: Compensation for the money you would have earned in the future but have lost because of the injury, including time taken off work to recover and any loss of future earning capacity.
• Property Damage: Money that the victim receives for anything that was damaged or lost in the incident, such as a vehicle in a car accident.
• Incidental Expenses: Other out-of-pocket expenses associated with the original injury, such as travel expenses to and from medical appointments.

Non-Economic Damages

General damages are the more subjective, non-economic damages. They include payments for the following:

• Damages for Pain and Suffering: The amount of money awarded to compensate you for the physical pain of the injury and the accompanying mental and emotional anguish.
• Emotional Distress: This extends the coverage to non-physical effects like anxiety and depression, as well as PTSD.
• Disfigurement: This represents the value of a physical deformity, burn scarring, loss of limb, or loss of functionality of an extremity.
• Loss of Enjoyment of Life: Compensation for your reduced interest in pursuing your usual activities in the past or in the future because of the injury.

Comparative Negligence

Under California’s ‘pure comparative negligence’ rule, an injured person can win part of what they were asking for, even if a judge or jury found them partly at fault for the incident that caused their injuries.

In pure comparative negligence, each party involved is typically given a percentage, and that party’s compensation is reduced by that percentage.

• Fault Percentage: The percentage of fault determined for each party. The determination may be made from police reports, eyewitness reports, expert analysis, and other documentation.
• Diminution Of Damages: The value of total damages awarded to the injured party is diminished by the percentage at fault allocated to the injured party. For instance, if the value of total damages is $100,000, and the injured party is 20 percent at fault, then the value of the damages awarded to them is diminished by 20 percent so that they receive $80,000.
• Applicability: This rule applies regardless of the level of fault assigned to the injured party. Even if the injured party is 95% at fault, they can still recover 5% of the total damages.

The comparative negligence rule encourages fair settlements by considering the actions of all parties involved. It ensures that each party is held accountable for their contribution to the incident.

FAQs

Q: What Is the Average Settlement Amount for Personal Injury in California?

A: The average settlement amount for personal injury in California varies widely based on the case’s specifics. This can include the severity of injuries, medical expenses, and the percentage you are deemed at fault. Settlements can range from a few thousand dollars to several million, depending on these factors. Consulting with a personal injury attorney can provide a more accurate estimate based on the details of the individual case.

Q: What Is the Formula for Personal Injury Settlements?

A: There is no fixed formula for personal injury settlements, but they generally include compensation for economic damages and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, and emotional distress. The final settlement amount is often adjusted based on the injured party’s percentage of fault under California’s comparative negligence rule.

Q: How Do You Calculate Pain and Suffering in California?

A: Pain and suffering in California is typically calculated by evaluating the seriousness and permanency of the injury, the effect on your daily life, and emotional distress. Two common methods are using the multiplier method (multiplying any economic damages by a number between 1.5 and 5) and the per diem method (identifying a daily amount of pain and suffering in dollars).

Q: How Do You Calculate Damages for a Personal Injury?

A: Damages for a personal injury are calculated by summing up economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In California, the total is then adjusted based on the injured party’s percentage of fault under the comparative negligence rule. An attorney can help ensure you fight for the amount you are entitled to.

Contact a Santa Ana Personal Injury Attorney

California personal injury settlements are based on past and future economic damages and past non-economic damages, discounted for any comparative fault. Economic damages are for past and future medical expenses, lost wages, and depreciation of personal property, and non-economic damages are for pain and suffering and emotional distress.

Blake & Ayaz assists victims and their families in documenting the injury and gathering all appropriate evidence, negotiating with the insurance company, and, if necessary, presenting compelling evidence during trial to obtain a favorable outcome. Contact us for a consultation.