A catastrophic injury can change your medical needs and limit your ability to live and work independently for decades. Damages in San Diego catastrophic injury cases must account for more than your current bills and income losses, because the injury is likely to affect your health and financial stability throughout your life.
California personal injury law permits you to seek economic and non-economic damages from parties whose negligence caused your harm. Because injuries such as spinal cord damage and traumatic brain injuries often cause permanent limitations, valuing these claims requires detailed evidence and long-term planning. At CaseyGerry, our catastrophic injury attorneys work to evaluate the full scope of your loss so you can pursue the compensation you may be entitled to.
Economic damages address your losses that can be documented and given a financial value. In a San Diego catastrophic injury claim, we review your medical expenses and the income you have already lost as we pursue the compensation you may be entitled to. We also consider expenses and financial effects that may follow you for years.
Your future economic damages may include:
Your lost earning capacity is different from the wages you miss during your initial recovery. It reflects how your injury may limit your income over your expected working life. Our assessment can consider your work history, your education, and your likely career path. Lost household tasks may also be recoverable when physical or cognitive limitations prevent you from performing activities that previously supported your home.
A life-care plan outlines the medical and practical support you are expected to need. In a catastrophic injury case in San Diego, a qualified life-care planner can review your medical records and consult with your treating providers to better assess the damages you have sustained. The plan may estimate the frequency and cost of your future treatment and therapy. It can also account for equipment replacement and any attendant care or accessibility needs.
Those projected costs must then be translated into a present financial value. In determining this value, economists and vocational professionals evaluate inflation and anticipated wage growth, along with work-life expectancy and the effect of the injury on your future employment. The defense may dispute whether particular services are necessary. Our attorneys can assist by providing a well-supported presentation that connects each projected expense to the medical evidence.
Non-economic damages cover losses that do not have a set invoice or market price. In San Diego catastrophic injury cases, these losses may include:
We can gather evidence showing how the injury affects your mobility and communication, as well as your relationships and your ability to live independently.
The state uses pure comparative negligence, so your share of fault reduces your recovery, but you can still recover even if you are more than 50 percent at fault. California Civil Code § 1431.2 provides that each defendant is responsible for non-economic damages only in proportion to that defendant’s percentage of fault.
C.C.P. § 335.1 generally provides a two-year limitations period for personal injury claims. Certain circumstances can affect that deadline, so an early review is important.
Damages in San Diego catastrophic injury cases require a careful assessment of immediate losses and future consequences. Since 1947, our attorneys at CaseyGerry have represented injured people like you, who stand to benefit from our more than seven decades of experience. We develop your claim with close attention to the medical evidence and the long-term care requirements that shape recovery.
Contact us at CaseyGerry to schedule a consultation and learn more about your options. We can review the circumstances of your injury and discuss how state law may apply to the losses you have sustained.
