Losing a limb is one of the most tragic injury types that a person can suffer. Not only can losing a limb mean losing a part of your body, but it can also mean losing your freedom to care for yourself, to pursue the activities you love, and to earn a gainful income. All of these things can be physically and emotionally trying to live with. If your loss of limb injury was the result of an accident caused by another party, you have the right to pursue a civil action against that party – a San Diego personal injury attorney can help you to file your claim and build your case. The following considers some of the damages that you may be entitled to if you suffer a loss of limb as a result of an accident:
You can make a claim for lost wages when you file a personal injury suit. Lost wages can include the value of all wages lost that are related to your injury, past, present, and future. Lost wages are typically calculated using a daily, weekly, or monthly rate formula. I.e. your total weekly income will be multiplied by the number of weeks for which you are unable to work to determine a total compensatory amount.
All successful personal injury claims will yield damages for medical expenses. Like lost wages, you can file a claim for past, present, and future medical expenses. Because these are economic losses, you are able to recover the total value of economic loss for medical expenses related to your injury. In other words, if you suffered $100,000 in medical bills and expect to suffer $25,000 more, you can make a claim for $125,000.
Pain and Suffering
Losing a limb does not just mean financial losses; it means physical and emotional losses as well. California courts recognize this, and allow you to pursue damages for pain and suffering. Pain and suffering damages can be more complicated to calculate, and may be determined using a daily rate (the number of days you experience pain and suffering times a monetary amount) or a multiplier method (a number between one and five, depending upon the degree of pain and suffering, is multiplied by the amount of economic damages recovered). Your attorney can help you to prove that you deserve compensation for the pain and suffering you have experienced.
Punitive damages are recoverable by a plaintiff in the case that it is clear that the defendant acted with oppression, fraud, or malice, per California Civil Code Section 3924.
Contact a Personal Injury Lawyer Today
Serving San Diego, the experienced personal injury attorneys at Berman & Riedel, LLP understand what you are going through after a tragic accident that results in a loss of limb. We also understand that understanding your options may not be clear – you likely have dozens of questions about your legal rights and what you are entitled to. To help you file a claim and recover compensation, call our team today. We are available to talk now at 858-350-8855.