Every car accident in Orange County is unique, making it almost impossible to tell the compensation amount you will obtain without a thorough investigation. Typically, you will receive compensation based on your non-economic and economic damages. Your financial recovery can also depend on how strong your evidence is. If you consider filing a personal injury, a skilled lawyer can help you collect and review evidence before determining a fair settlement amount.

Determining Pain and Suffering Damages

Pain and suffering are compensatory damages that accident victims receive for the mental anguish and physical pain they suffer following injuries.

There is no standard for deciding the value of these damages. The victim should establish that they have specific mental pain or physical injuries. Then the jury or judge will use the evidence to determine a reasonable settlement amount.

You can prove your damages using the following objective evidence:

  • X-rays
  • Medical records and expenses showing the medical attention you have received
  • Photographs of physical injuries and property damage showing the injuries’ severity
  • Videos and photographs showing your activity level after and before the accident
  • Comprehensive physician’s notes
  • Social media posts, emails, and text messages
  • Testimonies of family members, colleagues, and friends
  • Proof of missed work time
  • Expert testimonies on your lost earning capacity, injuries, and medical suffering

A plaintiff can also recover these damages if they suffered emotional distress with physical injuries. In this case, it is wise that the victim receives psychotherapy. The psychotherapist’s testimony is particularly essential in cases where the victim has experienced subjective symptoms like:

  • Post-traumatic stress disorder
  • Anxiety
  • Insomnia

Pain and Suffering Multiplier

The multiplier method is one technique plaintiffs, insurance providers, and attorneys use to calculate these damages.

Using the method, you will add all your economic damages and then multiply the total amount by a number between one and five. Typically, the multiplier used depends on the seriousness of the victim’s injury. People also use a higher multiplier in claims involving:

  • Serious forms of pain
  • Extensive medical attention
  • Lost income due to disabilities
  • Lowered life quality
  • Serious injuries involving broken bones

Calculating Total Damages Using Per Diem Method

Using this method, plaintiffs, attorneys, and insurance adjusters calculate the specific amount for every day the victim experiences the damages due to the car accident.

The daily rates are calculated using your daily earnings before your accident. For instance, if you made $400 every day before your injuries and experienced the damages for 15 days, you should demand $6,000 in compensation.

Are the Damages Taxable?

Generally, any amount received from personal injury claims is non taxable per federal and state laws.

The Severity of Your Injuries

The injuries’ severity is essential in determining your future damages costs. The more serious the injuries are, the higher the possibility that the victim will require extensive future medical attention.

If the injuries are moderate or mild, the physician will prescribe a couple of months of rehabilitative care before considering you fully recovered. Nevertheless, if the injuries are serious, you could require:

  • In-home care
  • Surgical procedures
  • Physician’s appointments
  • Medication
  • Medical equipment
  • Modification to your motor vehicle or home to accommodate your disability or long-term injuries

All these treatments, equipment, and services considerably increase the future medical expenses and the ultimate compensation value.

Your personal injury attorney can assist you in identifying your future losses and determining your claim’s overall worth. Sometimes, lawyers suggest waiting until victims reach maximum medical improvement before sending a demand letter. It is challenging to determine the total compensation amount without understanding the total losses incurred and to be incurred.

Life Expectancy in a California Wrongful Death Claim

Coping with a relative’s demise is challenging, especially if the death is sudden. In wrongful death claims, insurance providers and surviving relatives use life expectancy to determine the future losses incurred, including lost income, lost pension, and retirement.

The future damages are calculated and lowered to the present value.

A spouse has a right to the financial support their decedent partner would have given. It should last until the deceased’s life expectancy passes. The deceased’s child is entitled to benefits and gifts that they would have obtained during their parent’s life expectancy.

Typically, the demise of a minor does not lead to a large compensation award. The child’s health conditions and status, habits, work expectations, life expectancy, sex, and age determine the financial losses. Most of the assessments are speculation, so the younger your baby is, the more challenging it is to determine the amount.

Also, a wrongful death claim of a senior citizen does not result in a significant compensation award. Modest awards are received because it is believed that the deceased person past the retirement age does not have significant earning capacity, and their children are grown and do not require their parent’s financial support.

Can You Return to Your Work?

If you sustained a long-term injury following a car accident, it could be hard to perform the same job responsibilities that you previously did. If you cannot perform your typical duties and responsibilities, you could be placed on lighter duties, which would probably lead to reduced wages. If you cannot entirely work for the foreseeable future, you will not make an earning.

If the accident causes lost earning capacity, the plaintiff is entitled to reimbursement of the income they would have made if the accident did not occur. If they cannot work following the car accident, their claim’s value will significantly increase since the defendant should compensate for:

  • The lost future income
  • Employee benefits
  • Annual bonuses
  • Commissions
  • Overtime pay
  • Self-employment income
  • Sick or vacation days
  • Profit-sharing contributions or 401k

Suppose you take lighter responsibilities because you cannot perform your previous duties in your job description. The responsible party should cover the difference between when you make on the light duties and what you would earn doing the regular job.

California Comparative Negligence

If the defendant is 100% liable for your car accident, you will be awarded 100% of your damages.

So, what takes place if the plaintiff is partially responsible for their injuries?

The comparative negligence rule provides a strategy for dividing up accountability between parties. Your damages are then lowered based on the percentage of your responsibility.

That means a defendant who is 30% at fault for causing an accident will only be 30% liable for the ultimate award that the plaintiff receives. If the jury determines the plaintiff suffered $200,000 in damages, the defendant should pay the $60,000 to the plaintiff.

The jury or jury determines responsibility after the defendant proves the following:

  • You were negligent, and
  • Your negligence played a significant role in causing the accident.

Once the defendant establishes the above, your damages will be reduced by determining the percentage of your fault. When dividing liability among the involved parties, the percentage should total 100%.

Then the jury will find the total damages incurred without considering the percentage of your fault.

Finally, every defendant will owe you an amount equivalent to the percentage for which it is accountable for the total damages.

Your Current Medical Expenses

The compensation award in a personal injury case is tailored to make the plaintiff whole again (putting you back in the same position you were in before the car accident). Part of making you whole includes paying your medical bills.

Generally, medical expenses cover money for the cost of healthcare providers, medical doctors, costs for medical records retrievals, health insurer medical appointments, lab work, physical therapy, medical equipment, prescriptions, diagnostic tests like x-rays, emergency room bills, ambulance bills, and follow-up medical appointments.

How Strong Your Evidence is

To recover compensation in Orange County, you must prove the following elements:

  • The defendant owed you a duty of care
  • The defendant breached the duty
  • The negligence was a significant factor in causing your harm (damages)

Presentation of evidence is essential for winning a compensation award. Correctly submitted evidence assists you in determining fault in your personal injury claim and affects the compensation amount.

So, what kind of piece should you present?

Physical Evidence

It includes tangible evidence like clothing or broken tail light. Collect the items and avoid altering their condition following your car accident. Also, take photos of the physical proof before handling it.

Medical Records and Accounts

If the accident caused any injury, you could use medical records as proof. You can also use psychological treatment or therapy records associated with the accident.

Finally, ensure you request documentation establishing your health status before the collision from your primary physician. The documentation establishes that the injuries resulted from the traffic-related accident and cuts off possible defenses from the defendant.

Photographic Evidence

Since you cannot collect and preserve all pieces of proof involved in the accident, take as many photos as possible. It would help if you captured images of:

  • All injuries sustained due to the accident
  • Your injuries during the recovery process
  • Property damage
  • The accident scene
  • Weather and road conditions
  • Injuries of other car accident victims, if they consent

Capture the photographs from several angles and ensure they have a timestamp.

If you cannot take the photos immediately following the collision, return to the accident scene once you can safely do so.

Proof of Loss Income Damages

Lost income is the amount you would have earned from your work had you not been injured. It can include your regular pay, overtime pay, bonuses, commissions, sick days, and vacation days.

There are many ways of proving lost wages, including:

  1. A letter from the Employer

If you have stable employment, the most straightforward way to establish lost income is by obtaining a letter from your employer alongside your previous pay stubs.

The letter from your boss should outline:

  • Your job title
  • When you were employed
  • Confirmation that you are an employee of the firm as the date of your injury
  • The number of days or hours you work in a week
  • Your regular pay rate
  • Your overtime rate
  • The number of hours or days you missed work
  • Vacation and sick days you used for your injury

  1. Your Tax Returns and Previous Pay Stubs

Sometimes, it can be challenging for a victim to obtain a letter from their employer. If the plaintiff does not have irregular income or is self-employed, they can prove lost income using their income tax returns and past pay stubs.

You can use IRS Form 4506 to request your previous tax returns from the Internal Revenue Service.

Witness Statement

A witness testimony can assist in establishing fault and severity/amount of the damage incurred. It is particularly true if the eyewitness is a stranger with no reasons to be biased in your favor.

If a person witnessed your car accident, collect their contact details and inquire from them if they are comfortable testifying in court.

Specific pieces of evidence are more persuasive than others, and every piece's strength changes based on the case circumstances. Therefore, you should consult with your qualified lawyer before submitting any proof.

Property Damage

Property damage is awarded in the amount it will take to replace or repair the damaged asset, depending on the ability to function following the accident. If your car was damaged, it would help if you consulted with a mechanic or an appraiser before filing your claim.

If the asset is damaged beyond repair, you should list its cash value or fair market value. Fair market value is the amount that you and the defendant agree is the fair cost of the property. The actual cash value is the cost of replacing the property, minus the depreciation of age.

Punitive Damages

Punitive damages do not compensate the victim for the losses incurred. Instead, they:

  • Punish a defendant who acted egregiously, and
  • Act as an example to deter the defendant and other drivers from acting similarly later

Under Civil Code Section 3294, you will be awarded punitive damages if there is clear and convincing proof that the defendant was guilty of malice, fraud, or oppression.

The plaintiff should request a punitive damages award. Generally, the request does not have to specify the amount sought.

Sometimes the jury determines punitive damages in the same hearing as the responsible party’s liability. Alternatively, the at-fault party can request the matter be bifurcated and tried distinctly.

If your trial is bifurcated, the jury will not listen to any proof of the at-fault party’s financial condition or profits until and unless:

  • You win the personal injury claim
  • The jury decides the at-fault party is guilty of fraud, oppression, or malice

Then the jury will listen to proof of the liable party’s financial status and determine the total punitive damage award. It prevents prejudicing the jury against deep-pocket defendants.

How Punitive Damages are Determined

There is no standard formula for deciding the total punitive damage award in a personal injury claim. When deciding whether to give the damages and the amount, the jury considers:

  • The reprehensibility level of the liable party’s behavior
  • Whether the total punitive damages are related to your injury
  • What amount will punish the at-fault person and prevent them from acting similarly in the future, considering the liable party’s financial condition

Do Punitive Damages Have a Cap?

Generally, California personal injury punitive damages do not have a cap.

However, the Due Process Clause of the 14th Amendment bans arbitrary or grossly excessive punishments. The Supreme Court holds that punitive damages should relate to compensatory damages.

The more egregious the conduct, the higher the multiplier.

Tips for Obtaining Higher Compensation Amount

After a personal injury settlement negotiation starts, you require an effective strategy. The following settlement tips are a great start.

Have the Settlement Amount in Mind

Before consulting with the insurance adjuster about the demand, decide the minimum settlement amount you would take. The figure is for your information and should not be revealed to the insurer.

Do Not Take the Initial Offer

Typically, insurance companies will initiate negotiation by offering a low amount. It is a tactic to test your patience and whether you know your claim’s worth.

If the offer is reasonable, make a counteroffer that is lower than the demand letter amount. It shows the insurance adjuster that you are also reasonable. A little more bargaining can quickly help you realize a fair settlement amount.

Engage a Skilled Personal Injury Attorney

Filing a personal injury claim involves paperwork and communication with the insurance company. The insurance provider will require you to sign forms, offer medical records, and make statements. This is not something you want to do alone. When injured by another person’s negligence, you need legal assistance.

Here is why you require an attorney:

  • The insurance provider does not have your best interest as heart
  • The lawyer knows the statute of limitations and can file the claim timely
  • Your damages can be more extensive than you imagine
  • Filing a claim involves adherence to stringent rules

Put Your Settlement Agreement in Writing

Let your lawyer review your settlement agreement once you and the insurance adjuster agree on the settlement amount.

Also, confirm your agreement in the letter to the insurance company. Ensure the letter is short, sweet, and specific.

Find a Orange County Personal Injury Lawyer Near Me

After filing a personal injury claim, the defendant’s insurer will investigate the car accident and determine how much they are willing to compensate you. Their initial offer does not determine your actual compensation amount. Instead, it initiates the negotiation process. If you believe you have a valid claim and would like to seek compensation, it is recommended that you consult a lawyer that can help you determine the best course of action.

At Orange County Personal Injury Attorney, we can review your case and help you determine the compensation amount properly, ensuring all expenses are factored into your award or settlement. We invite you to contact us at 714-876-1959 and schedule your initial consultation and have your concerns addressed.