#1. We Can Look at Your Medical Expenses and Other Financial Damages
Some of the more obvious damages to pursue are those that have financial value, such as:
- Current and future medical treatment costs
- Costs for prescription medications and medical support devices, such as wheelchairs
- Current and future income loss, including loss of benefits and pensions tied to your job position
- Reduced earning potential if your injuries affect your ability to work at your job position
- Property damages, such as costs to repair a vehicle or replace it entirely
- Care services if your injuries limit your capabilities, such as services for childcare or homecare
Financial damages vary according to how the plaintiff’s injuries affect their previous abilities, lifestyle, and even relationships. You may pursue other damages not listed here but that still set you back in your finances, such as any home modifications you had to pay for to accommodate your injuries.
Our injury lawyers may request evidence to prove the value of your financial damages, such as receipts, tax information, and bill statements or invoices you received.
#2. We Can Also Pursue Compensation for Your Physical and Emotional Damages
Plaintiffs in personal injury cases may also qualify to pursue compensation for physical and emotional damages they experienced. These damages are subjective, meaning they don’t readily have a monetary value attached to them. We try to pursue compensation that reflects the impact your injuries had on your life beyond your wallet.
For example, we may include one or more of the following damages in your demand letter:
- Current and future pain and suffering, whether you deal with chronic physical pain or recurring emotional pain
- Psychological trauma from the injury event, especially if you received a diagnosis for post-traumatic stress disorder (PTSD) because of the event
- Other emotional distress, which includes anxiety, depression, and insomnia
- Losses related to living with a permanent disability or physical disfigurement
- Loss of enjoyment in life, including former activities you once enjoyed
We may also look into how your injuries put a strain on your relationships if you suddenly had to rely on your partner to take care of you. If your relationship ultimately failed because of this strain, we may pursue damages related to loss of consortium.
Evidence for these types of damages may rely on medical expert testimony, such as a specialist who monitors your recovery or a psychiatrist who monitors your mental health. However, other evidence may involve anecdotal evidence from people who knew you before your injury, photos, and videos that support your claims about your life before the injury, and journal entries you made during your recovery.
How Long Will It Take to Resolve My Redding Personal Injury Claim?
The time it takes to resolve a personal injury claim in Redding, California, can vary widely depending on several factors. While it’s challenging to provide an exact timeline, here are some factors that can influence the duration of your case:
- Complexity of the Case: The complexity of your personal injury case can significantly impact how long it takes to resolve. Simple cases with clear liability and minimal damages may be resolved relatively quickly, while complex cases with multiple parties, disputed liability, or extensive damages may take longer.
- Severity of Injuries: The extent and severity of your injuries can affect the timeline. Cases involving minor injuries may be resolved more quickly, while cases with serious or long-term injuries may require more time for medical treatment, evaluation, and negotiations.
- Medical Treatment: It’s essential to reach a point of maximum medical improvement (MMI) before pursuing a personal injury claim. This ensures that all of your medical expenses and the full extent of your injuries are known. The duration of your medical treatment and recovery can vary widely.
- Liability Disputes: If there are disputes over who is at fault for the accident or if liability is unclear, it can prolong the claims process. Insurance companies may need time to investigate and gather evidence to determine liability.
- Insurance Company Response: The responsiveness and cooperation of the insurance company involved can also impact the timeline. Delays may occur if the insurance company disputes the claim, requests additional documentation, or takes a long time to respond to settlement negotiations.
- Negotiations: Settlement negotiations can take time, especially if there are disagreements over the value of your claim. It may require several rounds of negotiation and communication between your attorney and the insurance company.
- Litigation: If a settlement cannot be reached through negotiations, the case may need to go to court, which can significantly extend the timeline. Litigation involves court procedures, discovery, and potentially a trial, which can take months or even years to complete.
It’s crucial to consult with an experienced personal injury attorney in Redding to assess the specific details of your case and receive guidance on the expected timeline. An attorney can help you navigate the legal process, negotiate with insurance companies, and work toward a fair resolution of your claim as efficiently as possible.
Can I Still Recover Compensation If I Was Partially At Fault for the Redding Accident?
Yes, you may still be able to recover compensation for a Redding accident even if you were partially at fault. California follows a legal principle called “comparative negligence” or “comparative fault.” Under comparative negligence rules, your ability to recover compensation is not necessarily barred just because you were partially responsible for the accident. However, your compensation may be reduced based on your level of fault.
California uses a “pure comparative negligence” system, which means that you can potentially recover damages even if you were primarily at fault, but the amount you can recover will be reduced by the percentage of your own fault. Here’s how it works:
- Determining Fault: Liability for the accident is assessed by considering the actions of all parties involved. This includes assessing your actions, the actions of the other party (or parties), and any other contributing factors.
- Percentage of Fault: The court or insurance adjusters will assign a percentage of fault to each party involved in the accident. For example, if you are found to be 20% at fault for an accident and the other party is 80% at fault, you can still pursue a claim for damages, but any award you receive will be reduced by 20% to account for your share of the responsibility.
- Recovery: Your recovery will be calculated based on the total damages (medical bills, lost wages, pain and suffering, property damage, etc.) minus your percentage of fault. For instance, if your total damages amount to $100,000, and you are found to be 20% at fault, you would be eligible to receive $80,000 ($100,000 – 20% = $80,000).
It’s important to note that determining fault and negotiating comparative negligence claims can be complex. Insurance companies may try to assign a higher percentage of fault to you to minimize their liability. This is why it’s crucial to consult with an experienced personal injury attorney in Redding who can advocate on your behalf, gather evidence, and negotiate for a fair settlement that accurately reflects your level of fault.
Keep in mind that the specifics of comparative negligence can vary by jurisdiction, so it’s essential to consult with an attorney who is familiar with California’s laws and regulations.
At the end of the day, results matter. We’ve won more than $600 million for our clients, 98 percent of the cases we’ve taken to trial, and the largest single plaintiff jury verdicts in the history of Shasta County.
