What Compensation Will I Be Able to Recover in a Personal Injury Lawsuit?
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What Compensation Will I Be Able to Recover in a Personal Injury Lawsuit?

The compensation that you may be able to recover in a California personal injury lawsuit is not just a random number or a guess about the value of your losses. Rather, that compensation is an objective amount based on the dollar value of your property losses, expenses, and lost income that is the direct result of the accident that caused your injuries.

The Los Angeles personal injury lawyers at Ellis Injury Law have represented California negligence victims for more than twenty-five years. We know how to present evidence of losses and expenses to insurance companies and juries in ways that improve our clients’ opportunities to recover maximum compensation in personal injury lawsuits. 

What goes into the calculation of an accident victim’s compensation? 

Most accident victims incur substantial medical expenses that are associated with the treatment of their injuries. Personal injury attorneys use invoices and bills from doctors, hospitals, and other health care providers to show the extra medical expenses that their clients have incurred due to a car collision, a slip-and-fall mishap, and other types of accidents caused by someone else’s negligence. 

An accident victim’s financial losses and the compensation that he or she is entitled to recover is rarely limited to just those medical expenses. In most cases, the victim can also recover compensation for: 

  • future medical costs and expenses that will be needed for full recovery from injuries;  
  • the costs of physical, occupational, and psychotherapy that will be required to help the victim overcome chronic injuries; 
  • the value of any personal property that was lost or rendered unusable as a result of an accident; 
  • the dollar value of salary or wages that an injured party will be unable to earn while recuperating from injuries; 
  • pain and suffering incurred by the accident victim  
  • the value of an injured party’s reduced ability to enjoy life and the companionship of family and friends as a result of his or her injuries; 
  • incidental expenses, including the costs of commuting to and from medical appointments and therapy sessions; 
  • wages paid to personal assistants that the accident victim hires to help with household chores during his or her recovery.  

Can an accident victim recover punitive damages as compensation from a negligent party? 

An accident victim’s damages will compensate for the victim’s actual and prospective losses that are the result of an accident. By definition, punitive damages are not part of the injured party’s losses but are a penalty that will be assessed against a negligent party for intentional or grossly negligent conduct. 

Only a very small number of accidents involve gross negligence or willful misconduct and very few injured parties will recover punitive damages as compensation in a personal injury lawsuit. This does not mean, however, that an accident victim’s compensation will be insignificant. Many injured parties might not appreciate the full scope of the actual damages they are experiencing for months or even years after an accident. A knowledgeable and experienced personal injury attorney is best able to assess and estimate those damages and to fight for the total amount of compensation that an accident victim deserves to recover. 

What evidence will a personal injury attorney use to recover compensation? 

When you hire a personal injury lawyer to help you recover the full compensation that you deserve after your accident, that lawyer will demonstrate your losses and damages with: 

  • hospital bills and invoices from doctors, therapists, and other service providers; 
  • medical diagnoses and test reports that show the extent of your injuries and the course of recovery that will be required to get you back on your feet; 
  • your wage and earnings statements and tax returns; 
  • accident reports and testimony from witnesses about how the accident happened; 
  • statements from family members about how your injuries have impaired your lifestyle 
  • bills from car dealers, repair shops, and other service providers that show the costs of your property losses; 
  • your testimony about how your injuries have affected your life; 
  • expert witness testimony to describe the amount of time and any extra services you will require for a complete recovery from your injuries. 

Call Ellis Injury Law after your Southern California accident 

Please see our website or call the Los Angeles personal injury attorneys at Ellis Injury Law for more information about the compensation you can recover in a personal injury lawsuit and for experienced legal representation that can maximize your total recovery.