How is personal injury compensation calculated?

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personal injury compensation

Personal injury compensation is calculated based on both economic and non-economic damages resulting from an accident or injury caused by someone else’s negligence. Economic damages include measurable financial losses such as medical bills, hospital stays, rehabilitation costs, lost wages, and future loss of income if you’re unable to work in the same capacity as before. These are typically proven through receipts, pay stubs, and medical records.

Non-economic damages are more subjective and account for things like pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. Calculating these damages often depends on the severity of the injury, how long recovery is expected to take, and how the injury affects daily life and relationships.

In some cases, punitive damages may also be awarded if the defendant’s behavior was especially reckless or harmful.

For a detailed evaluation based on your specific situation, it’s best to consult a qualified attorney. The Law Office of Brent D. Rawlings offers guidance and support through every step of your claim. Visit https://www.ourclientswin.com/ to learn more.

What is considered bodily injury in a car accident?

Bodily injury in a car accident refers to any physical harm suffered by a person as a result of the crash. This can range from minor injuries like cuts, bruises, and sprains to serious or life-threatening conditions such as broken bones, spinal cord injuries, internal bleeding, or traumatic brain injuries. In some cases, bodily injury may also include long-term or permanent impairments, chronic pain, or disfigurement.

Bodily injury does not include damage to a vehicle or property—it is strictly related to harm done to the body. Medical treatment for these injuries can vary widely, from a quick visit to the doctor to ongoing surgeries, therapy, or rehabilitation.

In personal injury claims, bodily injury is a key factor in determining compensation. Victims can seek damages for medical expenses, pain and suffering, lost wages, and future medical care. If the injury was caused by another driver’s negligence, that party may be held financially responsible through their bodily injury liability insurance or a legal claim.

How long after a car accident can you claim injury?

In California, you generally have two years from the date of a car accident to file a personal injury claim related to your injuries. This time limit is set by the state’s statute of limitations. If you miss this deadline, you may lose your legal right to seek compensation, regardless of how serious your injuries are.

However, there are exceptions. If your injuries were not immediately apparent—such as soft tissue damage or internal injuries—you may have up to one year from the date the injury was discovered (or reasonably should have been discovered) to file a claim. This is known as the “delayed discovery rule.”

If the accident involved a government vehicle or public entity, the timeline is much shorter. In those cases, you typically must file a claim within six months of the accident with the appropriate government agency.

Because deadlines can vary depending on the circumstances, it’s smart to consult a personal injury lawyer early. Acting quickly helps preserve evidence and ensures you don’t miss your chance to recover damages.


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