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Computing The Value Of Your Personal Injury Claims

Table of Contents for Specific Topics

There are a lot of factors that determine the value of your personal injury accident claims other than computing for the amount of money you can get out of your claims. At the outset, you should know first what it means to be involved in an accident. Only after knowing that you have a substantial claim for personal injury accident damages can you know how to win one or even begin to weigh in whether it is worth pursuing or not.

Types of Personal Injury Accidents in California

There are three general types of torts claims in California. These personal injury accidents include:

  • Traffic accidents which can either be a car accident, bicycle accident, motorcycle accident, pedestrian accident or even bus accident, truck accident or train accident;
  • Premise liability accidents which include slip and fall accidents, trip and fall accidents, dog bites,personal injury, explosion, and fire, swimming pool accident or construction accident; or
  • Other negligence accidents which include boating accidents, animal attacks or aviation accidents.

Types of Personal Injury Accident Claims

Regardless of the type of personal injury accident you may be involved in, it is reasonable to assume that you will suffer bodily injuries requiring medical treatments. These injuries may range from superficial injuries like cuts, scrapes, and bruises to internal injuries like spinal injuries, fractures, trauma, head injuries, and even brain injuries.

In worst cases, these types of accidents can even lead to wrongful death. Also in this latter instance, the victim may initially suffer fatal injuries requiring serious and expensive treatments before succumbing to the mortal wounds.

Also, regardless of the extent of injuries, you have sustained from the accident, each type of injury has a coinciding type of treatment or care needed to alleviate the pain. Medications of any of the previous injuries can affect how much you will claim from the party at fault since the cost of each of these treatments vary depending on how severe the sustained injury is.

Types of Personal Injury Damages You Can Claim

After the accident, you will suffer several damages and losses. You need to determine what these damages are and their respective extents or severities, so you know what to pursue and the evidence you need to prove these claims.

The usual damages suffered in different types of personal injury claims include:

  • Property damage or loss – this entails reimbursements for repairs at fair market value for any clothing, vehicle or other items lost or damaged after the accident
  • Actual medical costs – this means reimbursements from treatments already acquired after the accident and compensation for future treatments and further medical care based on fair estimated values of the medical procedures
  • Loss of income – this entails compensation for the lost wage of the victim due to the inability to work efficiently or to work at all because of the accident
  • Pain and suffering – this means that the victim is entitled to get compensation for the pain, discomfort or any other psychological effects that was acquired during and after the accident

In case of a wrongful death situation, however, you can seek further damages from the party or parties at fault for the loss of your loved one. These which includes:

  • Loss of life’s earnings –
  • Loss of consortium,
  • Loss of love and support,
  • Funeral and burial expenses and
  • Punitive damages

Types of Evidence You Need to Present

After knowing what accident you were in, the personal injuries you suffered as a result and the damages you can claim, you then need to prove all your allegations, which include providing the following evidence:

Documentary Evidence

These types of evidence are related to medical records and bills, employment certification, repair costs of your property, the police report detailing the investigation and witness declarations to support your claim. These can also refer to forms of media that can be preserved such as videos, pictures, and voice recordings.

Take note, however, that documentary evidence and its different types are subject to forms of authentication. These usually come from eyewitness testimonies to confirm the validity of the document. Also, these documents are subject to the “best evidence rule,” meaning that the original document is superior to reproduced copies unless an original cannot be provided.

Oral Evidence

This evidence can be presented in court or even during negotiations if allowed by both parties to corroborate your allegations. As its name suggests, it is spoken evidence presented in court or during negotiations. This also includes written testimonies or information or signs relayed by an eyewitness in the event he or she is physically impaired or is suffering from a disability or a disorder that otherwise prevents him or her from speaking. Oral evidence can also give credibility and authenticity to documentary evidence.

Hurdles You Need to Get Over

You will be faced by insurance adjusters who will do everything to deny your claims. In some instances, you will be met by defense lawyers hired by the other party to make sure that you will not be able to prove liability against their client. These insurance adjusters are well-versed in diversion and adept in doing anything to protect their clients from such claims. Furthermore, you need to contend with determining who to ask for proper legal assistance because not all lawyers are learned in torts claims.

Seek Help From Expert Personal Injury Lawyers

All the evidence in the world cannot help you win your claims if you are not represented by top personal injury lawyers from the Mesriani Law Group who have vast experience in protecting the rights of all personal injury victims in California. The top personal injury attorneys from Mesriani Law Group have dealt with numerous personal injury lawsuits

The value of your claims rests on all the above. The facts can be utilized by your top personal injury lawyer in getting the maximum award of damages whether through negotiating your allegations or, if need be, litigating your demand for an award of damages in the courts of law.

About the Author
Picture of Rodney Mesriani
Rodney Mesriani

Rodney Mesriani is the principal partner of the Los Angeles and Santa Monica based Mesriani Law Group. He specializes in personal injury and employment law while also being an accomplished litigator and trial attorney. Rodney is an aggressive negotiator and a well-known and respected attorney in the areas of practice he specializes in.

He earned his Bachelor of Science degree in Accounting from California State University Northridge before attending Southwestern School of Law where he received his Juris Doctorate. While being an accomplished personal injury and employment lawyer, Rodney Mesriani has made it a point to attend numerous State Sponsored MCLE events and seminars over the years as a law practitioner to be informed of the latest laws and litigation strategies.



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