How Are Compensatory Damages Calculated in a Car Accident Claim?

How Are Compensatory Damages Calculated in a Car Accident Claim?

If you are seeking compensatory damages for an Orange County car accident, you may naturally wonder how the amount of compensation is calculated in such cases. The best way to find this out is to consult a qualified car accident lawyer. That being said, you can still hazard an estimate by understanding how the calculation is made. When determining compensatory damages in a car crash claim, the insurer or the court may use a number of factors. These directly impact the ultimate amount that you will get paid. Here is a look at these factors.

Factors that Affect the Amount of Damages

The following factors can be considered when determining compensation for your accident claim:

Medical Costs

The nature and extent of your crash-related injuries determine the medical costs that you are likely to incur in the wake of a crash. Some injuries will heal quickly and you won’t require surgery or rehabilitation, so the medical costs of having them treated will be quite low. Others can take a long time to fully heal and you may be required to undergo more invasive procedures on the path to full recovery. Yet others can result in permanent disabilities requiring continuous medical attention for years to come. A key portion of the compensatory damages in any car accident compensation claim are the medical costs. The actual amount of damages will factor in the full costs of treatment including physician’s fees, prescription medication expenses, any medical tests or surgeries that were performed, specialized equipment that was used such as wheelchairs, as well as any long-term rehabilitation and therapy costs.

Lost Wages

A crash-related injury may force you to go on a bed rest for a period. This period can be a few weeks, months or even years. Even when you are not on bed rest, an injured arm or shoulder may prevent you from resuming your job for some time. This results in lost wages as you will be unable to earn them until you are recovered. California personal injury laws allow you to recover compensatory damages in lieu of these lost wages. This is significant as helping recover these wages as damages will allow you to stay financially secure as you recover from the injuries.

Lost Future Earnings

In addition to the wages you have already lost due to a car accident injury, damages in a crash claim can also include lost future earnings. These are the wages you will be unable to earn on account of your injuries. Lost future earnings are typically recoverable when a crash results in serious injuries causing temporary or permanent limitations. However, you are eligible to receive compensatory damages if you are not able to resume work yet by the time the claim is filed. A number of factors are used to determine the lost future earnings. These include the estimated time of recovery, the age of the injured person, number of working years until retiring, past earnings and so on. You can seek salary, commissions, bonuses, overpay as well as other perks as a part of lost future earnings.

Property Damage

Your car may incur minor or major damage in a car crash. In worst case scenario, it may be completely totaled. Fortunately, you are able to seek compensatory damages to cover for these losses. The property damage compensation will factor in the costs of repairing or replacing your vehicle. In addition, you can also seek compensation for the decrease in the value of the car following repairs.

Pain and Suffering

Pain and suffering are the intangible damages that are recoverable in a car accident. These damages are typically dependent on the nature of the injury you have suffered. In most cases, a multiplier method is used to calculate pain and suffering damages. A multiplier is applied to the economic damages calculated in lieu of the more tangible losses. The more serious an injury, the higher is the multiplier used. You can recover pain and suffering damages for emotional and mental trauma, psychological injury, loss of happiness, anxiety, stress, depression, social embarrassment and other similar issues caused by the crash-related injury.

Find Reliable Car Accident Attorneys in Orange County

Crockett Law Group has been offering legal help and advice to car accident victims in Orange County for a long time. Our highly experienced attorneys work with you to make sure you are able to recover full compensation for all the losses you have suffered in the crash. We also provide free estimates on the amount of compensation you can expect to get for your claim. Reach out to us today to discuss your case in a free consultation.
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