Have You Been In An Accident? Talk To Our Personal Injury Lawyers.
At McMurray Henriks, LLP, we understand that accident injuries can be life-altering and can leave victims and their families grappling with physical, emotional, and financial burdens. With a steadfast commitment to justice, our zealous attorneys have years of experience advocating for our clients’ rights to compensation. We have been able to secure multimillion-dollar settlements and verdicts on behalf of our clients.
Compensation For Medical Costs In A California Personal Injury Claim
Navigating the aftermath of an accident due to someone else’s negligence can be too much to handle on your own, especially when medical costs begin to mount. You may have a right to file a personal injury claim in California to pay for medical bills, but where do you start? How much is your claim worth? Whether it is due to medical malpractice, a defective product, the death of a loved one, nursing home neglect, a hazardous property or a vehicle accident, understanding the potential for medical cost compensation now and for future accident-related costs is crucial.
The calculation for medical costs will depend on the nature of your injury and your recovery time. Will you need physical therapy and rehabilitative equipment? Will you need to remodel your home to accommodate permanent injuries? Your claim will factor in lifestyle costs. What type of work you were doing prior to the accident injury? Will you be able to return to work? Were you the sole breadwinner for your family?
At McMurray Henriks, LLP, our personal injury attorneys aim to empower individuals with the knowledge they need to navigate their recovery journey and secure the financial support they deserve. We have experience and a network of medical expert witnesses for a wide range of personal injury lawsuits, including:
- Medical malpractice: Occurs when a health care provider’s negligence results in patient harm. Compensation may cover medical bills, rehabilitation costs and future medical expenses, as well as compensation for pain and suffering and lost wages.
- Products liability: Involves injuries caused by defective or dangerous products. You may have a right to collect compensation for medical expenses for treating injuries, including surgeries and ongoing care. Compensation may also cover costs related to long-term disabilities and necessary medical devices.
- Wrongful death: When a person dies due to another’s negligence or intentional act. Compensation may cover medical costs incurred before death, funeral expenses and loss of income. The courts may include noneconomic damages such as loss of companionship and emotional distress.
- Nursing home neglect and abuse: Harm to residents due to neglect or intentional harm in short or long-term care facilities. Compensation may include paying for immediate and long-term medical treatments, including psychological care. The court may award compensation for pain and suffering and punitive damages.
- Premises liability: Injuries occurring on another’s property due to unsafe conditions or failure to warn of dangerous conditions. Compensation may pay for medical expenses for injuries such as fractures, back injury, burn injury, head injuries and other physical harm. Compensation may cover future medical expenses and loss of income if the injury results in disability.
- Vehicle accidents: Any significant injury resulting from car, truck, motorcycle or other vehicle collisions. Compensation may be available for medical bills, rehabilitation, and any necessary surgeries or long-term care. Damages may also pay for lost wages, pain and suffering, and vehicle repair costs.
In all these cases, the compensation aims to cover the full extent of medical costs related to the injury, ensuring that the victim can access necessary medical care without financial burden.
Calculating Compensation For Lost Wages In California Negligence Cases
In California, compensation for lost wages due to injuries caused by someone else’s negligence is a calculation using the injured party’s actual earnings before the injury and the time they are unable to work as a result of the injury. Here’s an outline of the process:
- Actual earnings: This includes looking at pay stubs, tax returns or employer statements to determine salary, hourly wages, tips, bonuses, and other income sources.
- Time off work: The length of time a person with injuries cannot go back to work. Medical records and doctor’s notes will specify the inability to work and long it will take to recover.
- Future earnings: If the injury results in long-term or permanent disability, future lost earnings or diminished earning capacity become part of the picture. Estimates can come from expert testimony, such as from vocational rehabilitation specialists or economists.
- Self-employed individuals: For self-employed individuals, the calculation for lost wages can come from records of their past income, contracts and business records.
The goal is to provide fair compensation that reflects the economic impact of the injury on the victim’s ability to earn a living. Each case is unique, so the calculation can vary based on specific circumstances and the fact of the case.
How California Determines Compensation For Pain And Suffering Compensation
In California personal injury claims, compensation for pain and suffering – also known as noneconomic damages – is calculated based on various factors since there is no fixed formula. Pain and suffering involve the physical pain, emotional distress, and reduced quality of life experienced by the injured person. To determine a fair amount, courts and insurance companies look to:
- Severity of the injury: More severe injuries that cause significant pain or long-term disability typically warrant higher compensation.
- Duration of suffering: The length of time the injured party experiences pain and suffering plays a crucial role. Chronic conditions or permanent injuries can lead to higher awards.
- Impact on daily life: The extent to which the injury affects the victim’s ability to work, enjoy hobbies and perform daily activities is considered.
- Medical evidence: Medical records, expert testimonies, and psychological evaluations provide objective evidence of the pain and suffering endured.
- Precedents: Past verdicts and settlements in similar cases also influence the amount awarded.
Attorneys also have other methods to pursue fair compensation.
Our Personal Injury Lawyers Provide A Free Consultation
We handle personal injury cases on a contingency basis. This means that you do not pay for our legal services unless we win compensation for you. Serving clients in Los Angeles County and across California, our experienced legal team brings in-depth knowledge and a record of success to every case. Whether you have car or truck accident injuries, hurt your back in hurt in a slip-and-fall, or any other unfortunate incident, we are here to provide compassionate support and relentless representation. Trust us to be your unwavering ally in the pursuit of justice and recovery.
Call our office at 323-931-6200 or send an email to make arrangement to speak with us about your injuries.