How is compensation for an accident calculated?
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In the state of California, there is such a law called contributory negligence. It states that if there are two people or two vehicles involved in an accident, there could be a potential liability on both parties with regards to how the accident happened. In the state of California, if a person that was involved in the accident shares any liability or any portion of fault in this accident, that person’s compensation will be deducted based on the percentage of his or her fault.
With regards to compensation, it is extremely important for everyone to understand that just because you were involved in an accident does not mean that you are entitled to compensation. A lot of people say, “Okay, I was involved in an accident, I was injured in a motor vehicle accident or slip and fall accident, therefore the person that caused the injuries must pay me.” As much as that may be accurate with regards to how the law works, the amount of damages or how much a person should get compensated varies with regards to that person’s injuries. Someone could be involved in a massive accident where the cars were completely damaged and yet walk away from the accident with minimal injuries or no injuries at all. That person would get paid a lot less than somebody who was involved in a minor accident but received massive injuries. So the injuries determine how much a person should be compensated. As the name says, the compensation is for injuries and nothing else.
With regards to compensation, it’s important for everyone to understand that if you want to settle the case, you must first understand what your injuries are. You must understand what your medical expenses have been and what they’re going to be from here on out. There are future medical expenses that must be considered. There is also a loss of earnings capacity that must be considered. For instance, if someone can no longer do that person’s type of work and has to change his or her job title or trade because he or she is unable to do certain things due to an injury—these things all have value with regards to compensation for personal injury cases.
A qualified attorney would be able to answer all of these questions and help a potential client with regards to how the treatment should be done and how the compensation should be calculated.