Calculating damages in a personal injury case
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Calculating damages in a personal injury case

| Jul 28, 2020 | Uncategorized |

People in California who intend to file a personal injury claim should know what sort of damages they can seek and how they can be eligible for them. First off, damages could cover financial losses like the cost of medical treatments and rehabilitative care as well as the cost of addressing property damage. It could reimburse victims for lost wages and for any future loss of income due to a diminished capacity to work.

To achieve the maximum settlement possible, though, victims may have certain requirements put to them. For example, in cases involving serious injuries, where the monetary payments are likely to be high, plaintiffs may be told to undergo an independent medical examination. This is to avoid biased judgments from the plaintiff’s own doctor. An independent physician will be better able to judge the severity of the injuries.

The IME requirement can be waived if the examination would cause an undue burden on the plaintiff, such as that caused by long-distance travel. However, there is one duty that plaintiffs cannot avoid: the duty to mitigate damages. Plaintiffs must act with due diligence when seeking medical attention. They must also act in good faith when it comes to finding another job, even when their injuries prevent them from returning to their usual line of work.

Those who have been injured in a car accident may want to speak with a lawyer to see how their case might fare. California operates under the rule of pure comparative negligence, so technically, no amount of contributory negligence will bar a plaintiff from recovering damages. Obviously, though, the greater a plaintiff’s degree of fault is, the harder it will be to achieve a settlement. It may be smart to leave all negotiations to the lawyer, leaving litigation as a last resort.