Securing Serious Injury Compensation in California: A Guide

Summary

In this comprehensive guide, learn the key steps and challenges of securing serious injury compensation in California.

In the context of personal injury law, a serious injury is characterized by any physical (e.g., limitations on mobility, chronic pain, other physical limitations) and/or psychological (e.g., emotional distress, reduced quality of life, etc.) harm that inhibits a person from functioning well in day-to-day living. 

Victims of car or truck accidents or other motor vehicle accidents typically sustain serious injuries that require extensive or sometimes even long-term medical treatment and care, depending on the level of their impairment.

Due to the economic impact of medical expenses, financial loss, and loss of earning capacity, seeking just compensation from the liable party is highly recommended.

This is where Frantz Law Group comes in. 

At our law firm, we are dedicated to helping victims of serious injuries, their family members, and their loved ones get compensated for the pain and suffering they experience due to others’ negligence. 

Our team of experienced personal injury attorneys is here to assist you in navigating the complex process of securing serious injury compensation and give you sound legal advice to succeed in your personal injury case.

Qualifying for Serious Injury Compensation

In California, a personal injury is assessed based on the following to determine whether it can be considered “serious”:

• Impact on daily living. When an injured person is significantly impaired, they cannot perform their daily functions like walking, eating, and other personal care activities.
• Level and longevity of disability or disfigurement. When the injuries result in paralysis or permanent disfigurement.
• Extent of medical treatment. When the case warrants extensive and extended medical care, treatment, and rehabilitation.
• Level and longevity of pain. Chronic pain affects the quality and enjoyment of life of injured people.
• Impact on earning capacity. When the injuries incurred keep the person from rejoining the workforce or significantly cut down their earning capacity.

Some examples of types of injuries that meet these criteria are spinal cord and brain injuries, amputations, severe burns, fractures and broken bones, disfigurement, and psychological trauma.

Because there is a need to establish the severity of the injuries to receive compensation and support legal claims, comprehensive documentation of medical procedures is highly recommended:

• Medical records: Initial diagnosis reports, including emergency room visits and admission records, treatment plans (e.g., surgery documentation, medication, rehabilitation), and progress reports from the attending physician
• Tests and specialist assessments: Assessment procedures done by specialists such as neurologists, orthopedic surgeons, psychiatrists or psychologists, and rehabilitation doctors — plus assessment results 
• Functional Capacity Evaluations (FCE): A report by a physical or occupational therapist that determines the injured person’s ability to perform daily activities and tasks
• Expert statements: Testimony from medical specialists explaining how the individual’s injuries may be considered life-changing injuries
• Impact statements: Personal statements the injured person writes on how their life has changed after getting injured

Steps to Pursue Serious Injury Compensation in California

If you are seeking compensation for your serious injury in California, here are the detailed step-by-step instructions on how to go about it:

Get Immediate Medical Attention 

Promptly seek medical care after getting into a car accident or any kind of accident caused by a negligent party that resulted in personal injury. This creates medical records documenting the extent of injury and type of initial treatment received, all of which are critical for your claim.

Report to Authorities

Immediately report vehicular accidents to the police or employer if they are workplace injuries and ensure they are properly documented.

Document the Accident

Take photographs and document agreements with different parties in writing. Keep all possible evidence supporting your claims, such as medical bills, expense receipts, and a diary of your day-to-day experience living with the injury. 

Secure Legal Representation

If you still don’t have one, consider hiring a personal injury attorney to help you with every step in the claims process. We at Frantz Law Group offer a free initial consultation to assess your case and discuss your options.

Notify Insurance Companies

With or without legal representation, inform your own and the at-fault party’s insurance company of the accident, being truthful while being careful not to provide statements that will jeopardize the success of your case.

Gather Evidence and Investigate

With an attorney handling your case, they can help you conduct a thorough investigation, gathering expert witness statements to build a strong case.

File a Claim

Your personal injury lawyer will file a claim with the appropriate court, presenting all the evidence about your injury’s extent.

Negotiate and Enter a Settlement Agreement

Your personal injury attorney will negotiate with the at-fault party’s insurance company to arrive at a fair settlement offer until both parties reach an agreement.

Go Into Trial

The case may escalate to a personal injury lawsuit if a settlement cannot be met.

Receive the Compensation or Make an Appeal

Depending on the court’s decision, your attorney can either collect the compensation awarded or appeal to reconsider the case, which may lead to further legal proceedings.

Statute of Limitations: Urgency of Acting Quickly

To not be barred from pursuing injury compensation, it is important to remember to act swiftly due to California’s statute of limitations for personal injury claims, which states the following:

• Two-year time limit: Claims for most personal injury damages must be filed within two years of the injury date. 
• Delayed discovery: The statute of limitations may be extended on rare occasions when the injury was not instantly discoverable.

Calculating Compensation for Serious Injuries

Types of Damages

In tort law, damages or compensation for losses of the injured party typically fall within either of the following categories:

Compensatory Damages

This refers to damages that cover actual losses intended to put the injured party together and make them “whole” again. This is further divided into two subcategories:

• Economic damages derived from the financial losses and out-of-pocket expenses the victim directly incurred from the injury. Examples are medical expenses, lost wages, future medical expenses, anticipated lost earnings, and property damage.
• Non-economic damages compensate for non-financial losses. These may include compensation for pain and suffering, emotional distress, mental anguish, loss of consortium, decrease in enjoyment of life, and disfigurement and disability.

Punitive Damages

These are damages awarded with the intent to punish the at-fault party for their reckless behavior that may be willful, malicious, or grossly negligent.

Nominal Damages

These are awarded to recognize that the claimant’s rights were violated despite not incurring significant compensable losses or injuries.

Statutory Damages

Mandated by statute, these amounts compensate a victim of a consumer or civil rights violation.

Factors Considered in Calculating the Amount of Compensation

To compute the amount of compensation, the following factors are considered and thoroughly evaluated:

• Medical expenses: Past and anticipated medical-related expenses, such as hospital bills, surgery costs, physical therapy and rehabilitation, and medication
• Lost wages: Both wages that are already lost because of the injury and the projected future income that will be lost because of the inability to return to work or perform the same function 
• Future earnings potential: The impact of the injury on the injured person’s ability to earn in the future because of the long-term effects of the injury
• Pain and suffering: Often calculated using a multiplier method or a per diem method, this covers the physical pain and emotional distress brought about by the injury
• Lifestyle changes: Costs that arise from lifestyle changes necessitated by having been inflicted with injury. Examples of this are home modifications or long-term need for special mobility assistants.

Role of Expert Testimonies

Part of the process of determining the compensation amount is providing testimonies from experts like the following:

• Medical practitioners: Determines the extent of injuries, necessary treatments, and health implications, and quantifies projected future medical expenses
• Economic expert: Provides computations of lost wages and future earnings and losses based on individual and socioeconomic factors
• Vocational expert or workplace managers: Assesses capacity to work
• Psychologists: Gives insight into the psychological impact of the injury on the wellbeing and quality of life of the injured person

Challenges in Claiming Serious Injury Compensation

Filing a serious injury compensation claim can be challenging especially if you do it without legal representation. 

Here are some of the most common hurdles claimants report they encounter, as well as the ways the personal injury attorneys of Frantz Law Group can help you.

• Establishing long-term impacts. Establishing the extent of the impact of the injury can be challenging if done on your own. Lawyers on personal injury cases usually consult experts to vet and support the claim.
• Dealing with insurance companies. The at-fault party’s insurance company can make the process more tedious by forcing the claimant to settle or let go of the case. Your personal injury lawyer has some tricks up in their sleeves to facilitate smoother negotiations with insurance companies.
• Working through the legal system. You can get easily confused and overwhelmed with all the procedural requirements and strict deadlines of filing a compensation claim. Getting legal assistance from a lawyer who specializes in tort law can make the process a breeze for you.
• Collecting evidence. It is important to be thorough in collecting and presenting evidence to ensure the success of your case. A lawyer with years of experience handling a similar case can guarantee that no evidence is undiscovered.
• Computing for fair compensation. It takes effort to arrive at a fair number on your own. Your attorney has access to experts who can help determine a more accurate figure to ensure you will be compensated fairly.
• Facing defense tactics. The defendant’s camp will devise ways to discredit the plaintiff or the claimant to invalidate the claim or minimize the payout. Leave it to your lawyer to come up with skilled legal guidance and strategies to counter these defense tactics.

The Role of Personal Injury Attorneys in Maximizing Compensation

Our personal injury lawyers at Frantz Law Group are committed to putting the needs and rights of our clients first. We will not stop until you get the justice you deserve by getting the maximum possible compensation for the damages caused by others’ negligent actions. 

Given our legal team’s proven track record in handling complex, serious injury cases, you can expect comprehensive documentation, expert collaboration, strategic negotiations, readiness for litigation, advocacy, and empathy.

Partner with Frantz Law Group for Expert Legal Support

Get expert legal support and sound legal advice from anyone in our team of personal injury lawyers. Let us help you! 

Get in touch with our firm and schedule a free consultation for an initial assessment of your serious injury case.