How to Calculate Non-Economic Damages After an Accident

Non-economic damages in a car accident pertain to your intangible losses. It is difficult to put a specific dollar value to these losses.

Examples of non-economic damages include pain and suffering, loss of enjoyment, loss of consortium, and disfigurement. A car accident lawyer can help you recover non-economic damages for your car crash claim.

If you’re hurt in a car accident, here’s what you need to know about your non-economic damages. Your lawyer can take charge and help you get the answers you need.

The Multiplier Method

It is easy to calculate economic damages such as medical costs or property damage. However, determining the precise amount of non-economic damages is more complicated. California law generally puts no cap on non-economic damages. The only exception is medical malpractice cases where non-economic compensation is limited to $250,000.

One option for calculating your losses is the multiplier method. In this case, you multiply the economic damages by a number between 1 and 5. The actual number depends on various factors like the severity of your injury, the expected timeline of recovery, and its long-term impact.
If your injuries are less severe and you expect to recover soon, the multiplier is a smaller number, usually between 1 and 2. If your injuries are critical and you may have to live with lifelong consequences, the number can be as high as 4 or 5.

Suppose your economic damages are $10,000. A multiplier of 2 is used if you have suffered injuries with a moderate degree of pain and suffering. So your non-economic damages are $20,000. If a multiplier of 4 is used, the non-economic damages become $40,000. Fortunately, your lawyer has the tools needed to accurately calculate this multiplier.

The Per Diem Method

It is also known as the daily rate method. A specific dollar value is defined for each day you live with your injuries when using this method. This per day rate is then multiplied by the total number of days you expect to live with the consequences of the injury.

For lifelong disabilities or limitations, the per-day rate is multiplied with the rest of your life based on your average life expectancy. When you reach maximum medical improvement, your lawyer can help you calculate what you’re due for these damages.

Because these numbers can be complex and setting a daily rate for your suffering can be difficult, you may need a lawyer’s help. They can handle the calculations, while you focus on regaining your health and wellbeing.

Reach Out to an Accident Lawyer in San Diego

Calculating non-economic damages is complicated and the actual figures vary from case to case. Factors such as life expectancy, estimated time of recovery, lifestyle limitations, and state laws have to be considered.

The lawyers at The Kindley Firm, APC are experienced in helping car crash victims recover non-economic compensation. Our lawyers can estimate the severity of your pain and suffering, and we can represent you in the courtroom to get the funds you’re due.

Ready to get started? We offer free consultations. Call us today at 619-550-1313 to discuss your claim with our lawyers. You can also seek us out by filling out the online contact form below.

Insurance Claim Process for Car Accidents

Knowing how to file a claim after a car accident in San Diego can help you in obtaining the funds you need to get back on your feet. When you file a claim, you will be compensated for the damages covered under your insurance policy. The following is a guide to filing a car insurance claim.

Contact The Insurance Agent

After an accident, make sure everyone is safe, seek medical attention, and notify your insurance company. In most cases, you do not need to notify your insurance company if you are involved in a simple rear-end collision and the at-fault driver accepts responsibility. The sooner you contact your insurance company in this situation, the sooner they can help you regain your footing.

There is a “no-fault” policy in California, which means, in the event of an accident, your insurance company will compensate you up to a certain amount. If you were at fault, the other driver will be responsible for your losses and injuries. Even if the incident appears to be minor, contact your insurance company to see if it is covered by their policy.

Call The Authorities

in California, minor accidents must be reported to authorities. if there is property damage or injury it is best to call the cops right away. The first officer on the scene will complete an accident report form, which will contain critical information about your injury. In the event of a question, provide detailed answers.

On the form you receive, the police officer’s name and badge number may be written in unreadable characters. Therefore, obtain a copy of the police report and double-check it as soon as it is submitted. If the police are unable to attend the scene of the accident, you can file a report at a nearby police station.

File an Insurance Claim

Your insurance company may request that you submit certain documents in order for them to verify and approve your claim. When filing a car insurance claim, you’ll need the following documents:

  • A copy of the insurance policy
  • First Information Report (FIR) filed with the police
  • Duly filled up and signed Claim Form
  • A copy of the vehicle registration certificate

Get Professional Legal Help

Employing a car accident lawyer could help you speed up the claim-filing process. Insurance companies frequently employ deceptive tactics in order to deny reimbursement or limit their liability. Our experienced car accident lawyers, on the other hand, know how to fight back.

Following the steps in the vehicle insurance claim process can assist you in turning a bad situation into a positive experience. Nonetheless, working with a car accident attorney can help you consider issues such as culpability and negligence. Our legal team has handled similar cases before. Call The Kindley Firm, APC at 619-550-1313 to schedule a free consultation.

Brain Injury After a Fall—Symptoms to Look For

Brain injuries require urgent medical treatment, and the effects do not always manifest immediately. Your lawyer can help you seek legal recourse if you or a loved one suffers a brain injury because of someone else’s negligence.

The long-term consequences of a fall are not always immediately visible. A person might get up right after a fall and say they’re okay, but it’s possible that they are already suffering from internal injuries.

This is especially true for a brain injury like a concussion or brain bleeding. Many times, people who suffer concussions feel okay at first, but the damage is already there. The longer it remains untreated, the harsher the consequences will be, which is why it’s important to know what brain injury symptoms to look for after a fall.

When Is There a Risk of Brain Injury?

Whenever there is an impact to the head, there’s already a risk of brain injury. The impact does not always have to be strong; something like a slap can already be enough to cause brain damage.

When a fall results in hitting the head on the floor or the wall, checking for brain injury symptoms is important, even if the person feels ok and says that they’re fine. There are brain injuries that manifest days or weeks later, and there are always some symptoms that you can look for.

What Are the Symptoms of a Brain Injury?

The symptoms of a brain injury depend on whether the injury is mild, moderate, or severe.

Mild brain injuries are characterized by headaches, dizziness, or fatigue. However, they can also manifest through other symptoms, like memory problems, mood changes, or sleeping problems.

Moderate to severe brain injuries can also have the same symptoms as mild injuries, but they can also have symptoms like repeated vomiting, inability to wake up, dilation of the pupils, or loss of coordination. The mental symptoms can include slurred speech, agitation, unusual behavior, or even a loss of consciousness.

Right after a fall, the most important symptoms to look for are speech problems, headaches, dizziness, and pupil dilation. These are sometimes shrugged off by a person as mild problems because of a fall, but they can also signal something worse—they may be signs of a brain injury.

Seek Professional Help from an Injury Lawyer

If a person suffers a brain injury after a fall, it is always important to seek emergency medical care. Even a mild brain injury is serious and requires a prompt diagnosis. Brain injuries left untreated for too long may worsen the injury or make the person more vulnerable to future injuries.

If you or a loved one has suffered a brain injury after a fall because of someone else’s fault or negligence, you may be entitled to compensation. An experienced brain injury lawyer from The Kindley Firm, APC can help you establish your claim and gather the necessary evidence to receive a fair settlement for your brain injury.

When it comes to brain injuries, immediate action is key. Call us now at 619-550-1313 or fill out the form below for a free case review.

Brain Injury After a Fall—Symptoms to Look For

It’s difficult to describe the effect of injury on brain function. After suffering a fall, you can have problems with cognition, memory, communication, behavior, and emotions. You may also experience dizziness, ringing in the ears, and physical problems. 

Complicating matters, brain injuries can cause hard-to-identify symptoms that don’t appear for months or years. Long-term effects, however subtle, may interfere with your ability to live a normal life. If you’ve been subjected to these symptoms and side effects because someone else was negligent, you may have a personal injury case. Talk to a lawyer from The Kindley Firm, APC for more information.

Four Symptoms to Watch For

The most common symptom is difficulty concentrating. You’ll tend to lose your train of thought, you may not be able to tell stories as well as you used to, and your audience may not understand you.

A secondary effect is the inability to maintain emotional control. You may not be able to reason yourself out of depression or anger, so you just feel bad without knowing why or fly into an uncontrollable rage

A third effect is impaired memory. You might forget the names of friends and relatives, or you may start to do a repetitive daily task but be unable to finish it because you can’t remember how. 

One of the most alarming effects of a brain injury is amnesia. Post-traumatic amnesia may last for only a few minutes or could go on for weeks or months. And it doesn’t just happen on TV. It’s possible to suffer a traumatic brain injury and forget what happened.

Number four, the symptoms to look out for after a fall with head trauma are muscle spasms, difficulty moving, and trouble standing up or walking normally. Knowing what to do after a fall on a hard surface or knowing what symptoms to look for after a fall on ice can help you if you’re ever in such a situation. Knowing what to do after a fall and a hit head can save your life.

Do you know when to see a doctor after a fall? Don’t wait until you recognize symptoms—get checked right away, no matter how you feel. The best treatment after a fall may include physical, speech, or occupational therapy. Social support and mental wellness are considerations, too.

Reach Out for Help After a Fall or Brain Injury

It’s important to contact a California personal injury attorney if you believe you’ve suffered a brain injury after any kind of fall. Plenty of time must be allowed for delayed symptoms to show, plus the collection of medical records and witness statements to support your case. 

Even if you’re not sure you want to sue, give the Kindley Law Firm, APC a call at 619-550-1313 or fill out our online form immediately after your accident to discuss your options. Once the statute of limitations has passed, it will be too late to file a claim.

Brain injuries often lead to significant life changes. Many people who suffer from them have difficulty caring for themselves or holding a job. But there is hope, so contact a brain injury lawyer.

Legal Options After a Fatal Car Accident

Car accidents happen in a flash. One minute you’re in your car steering or waiting for the green light, and the next you’ve come to a sudden stop or are rolling over. The outcome is property damage, minor to severe bodily injuries, and even loss of life. 

Worse, road crashes not only affect the parties involved but also their families and friends. If you’ve lost a loved one in a car accident, pursuing and receiving compensation from the responsible parties can offer some relief during such difficult times.

To know if you’re eligible for a wrongful death claim, consider reviewing your case with a fatal car accident lawyer first. This way, you’ll understand your options better and determine the best way to move forward.  

Civil Claims After a Fatal Car Accident

Human error and negligence play a significant role in most road crashes. There are two primary types of legal claims that can be filed after the death of a loved one in a car accident.

A wrongful death lawsuit compensates the family and other dependents of the deceased for their losses. Such damages include funeral expenses, loss of financial support and inheritance, loss of companionship, parental guidance, and so on. A fatal car accident lawyer can quantify all these losses and determine how much settlement you should be asking for.

A survival action, on the other hand, is meant to reimburse any type of loss that the victim suffered before they died. Victims of a fatal car accident are likely to suffer severe injuries or even hospitalization before passing away.  Such damages include medical expenses and lost wages.   

Who Can File a Claim for a Fatal Car Accident?

When it comes to wrongful death claims, the law in California determines who can file for and collect compensation. 

These include a surviving spouse, children, domestic partners, grandchildren, and any other children who were dependent on the deceased. Other parties entitled to a share of the deceased’s estate, such as creditors, can also lodge a claim in case there’s no will. 

What Do I Need to Prove?

To qualify for compensation after a fatal car accident, you’ll need to prove that the other driver or responsible party was negligent. This means that they breached a duty of care and that their actions caused your loved one injuries and loss of life. You’ll also need proof of any damages claimed, including bills and receipts, doctors’ reports, and an estimation of the inheritance that the survivors have lost.

All these might be challenging to prove, especially if you’re doing it without help from a professional. An experienced attorney will know what and where to look when proving a wrongful death.

Seek Help from a Fatal Car Accident Lawyer

Pursuing compensation for your loved one after a fatal car crash may not cross your mind at first. However, receiving a settlement for all the damages you’ve suffered will help reimburse out-of-pocket expenses, and offer comfort for other intangible losses.

Call The Kindley Law Firm, APC, at 619-550-1313 to speak with a fatal car accident lawyer about your loved ones’ accident. You can also send a message through our contact form below to get started.  

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