How are personal injury damages calculated?

Every day, in our busy streets, people are falling victim to the negligence of others.

A personal injury case is designed to compensate an individual for an injury suffered as a result of another person’s negligent actions or carelessness.

Damages in a personal injury case are the basis to make a demand for injury compensation. Determining the value of these damages is complicated and varies depending on the circumstances of the case.

Generally, the level of damages increase as the severity of the injury involved increases. For injuries that are less severe and will not permanently impact the life of the victim, the damages will usually be limited to medical expenses, property damage, lost earnings and possibly pain and suffering.

Depending on the nature of your injuries, you may be entitled to compensation for:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Wrongful death
  • Punitive damages

In most personal injury cases, compensatory damages will cover all economic losses, including past and probable future medical expenses and loss of the income you would have earned ‘but for’ the injury.

If your personal injury lawsuit goes before a jury, they will calculate your damages by considering the actual damages you suffered, as well as the nature of your injuries. More serious injuries are likely to lead to larger damages, as the jury may also award you for pain and suffering and emotional distress due to such injuries.

Punitive damages are appropriate only when the defendant’s behavior was willful, reckless or intentional.

Regardless if you have been injured in an automobile, truck, 18-wheeler, motorcycle, construction or workplace accident, you certainly have many questions that require answers.

If you have been involved in an accident as a result of another person’s negligence, you should contact an experienced personal injury attorney who can provide detailed information on the strength of your case and on what your damage award is likely to be.

Contact the Riverside personal injury law offices of Gary G. Goldberg to get the answers that you need at this very stressful time in your life. Let us handle your case while you take the time to recover from your injuries.

Did you buy a defective product?

Defective products come in all shapes and sizes, from automobiles and their components to baby products and toys, office equipment, tools, electronics, boats, dangerous drugs and can openers.

The injuries which occur as a result of these can be severe or even fatal. Manufacturers, wholesalers, and retailers may be held liable for any injuries and expenses that are directly related to your dangerous product accident.

There is a certain standard of safety and quality in the United States that is expected from goods bought and produced.

Unfortunately, in some cases, these standards are not met and the results may be extremely serious, including personal injury or wrongful death.

The law says a consumer has the right to expect a product to function properly and safely when it is used according to the manufacturer’s instructions and in a reasonable way. When an appliance causes a house fire, or air bags fail to inflate or over-inflate and explode, or injury results in numerous ways, the consumer can file a lawsuit to seek compensation for medical expenses, pain and suffering, and other losses.

Product liability law is not only limited to retail or manufacturing goods; defective products may also include:

  • Automobiles – defective airbags, tires
  • DePuy hip replacements or medical devices, instruments
  • Tools
  • Industrial products
  • Prescription and non-prescription drugs

Product liability law essentially considers three types of defective products:

  • Manufacturing defects – refers to a defect that occurred in the process of construction
  • Design defects – occurs due to a design flaw
  • Marketing defects – improper or insufficient labeling, instructions or improper safety warnings

Product liability law considers matters on a ‘strict liability’ basis, which means regardless of care exercised, if a defect in the product exists, then the supplier or manufacturer will be liable for it.

At the Riverside personal injury law offices of Gary G. Goldberg, we assist victims and their families through these tough times by aggressively pursuing the damages they deserve.

If a defective or unsafe product has caused you or a loved one injury, contact us immediately to find out how we can fight for your rights and protect your interests.

How to Prevent Bicycle Accidents

How to prevent bicycle accidents

How to prevent bicycle accidentsAll across the United States, individuals are turning to bicycles as an alternative mode of transportation.

Many times, bikes are a suitable replacement for automobiles, especially when an individual has just a short distance to travel. Bicycle accident prevention, while on the road, should be your prime focus. Nothing can ruin a nice, sunny California day as a bike accident with a motor vehicle.

To assure bicycle accident prevention, you should stay far enough from the curb that the motorist doesn’t assume that you are going to turn. If you are in a turning lane and plan on going through the intersection, then move out of the turning lane.

In fact, if you are stopped at the intersection, you can get behind the vehicle and act as another vehicle – move with the traffic. Stay out of the motorist’s blind spot, make sure that you are in front or slightly ahead of the motor vehicle, look to your side and verify eye contact.

Fortunately, though, bicycle accident prevention is the responsibility of a smart, prepared, and skilled rider. Before hitting the road, bicycle riders should always remember to:

  • Wear a helmet
  • Pay attention with your eyes and ears to everything around you
  • Don’t have earphones blaring music in your ears
  • Make eye contact with motorists that may impact your riding path
  • Stay out of drivers’ blind spots
  • Avoid cutting drivers off
  • Use the bike lane when available

Remember – it takes two to have a collision. One or both persons must not be paying attention, disregarding safety considerations, and/or not realizing the other’s intentions. Therefore, most and possibly all accidents are avoidable if you realize the situation and react accordingly.

Drivers guilty of negligence may be liable for the injuries they inflict on unassuming cyclists.

If you or a loved one suffered an injury because a negligent driver hit you while you were riding your bike, let the Riverside personal injury law offices of Gary G. Goldberg fight for the compensation you deserve because your recovery needs to be your first priority.

Brain Injuries in Sports

The popularity of contact sports in the United States exposes a large number of participants to risk for brain injury.

Recurrent brain injuries can be serious or fatal. However, they are also preventable.

Did you know that approximately 30,000 sports-related traumatic brain injuries occur every year in the United States?

Most TBIs are mild to moderate in severity and can be classified as concussions. There is an increased risk for subsequent traumatic brain injuries among persons who have had at least one previous one.

Reports indicate that repeated mild brain injuries occurring over an extended period time, such as months or years, can result in cumulative neurologic and cognitive deficits. In addition, repeated mild brain injuries occurring within a short period, such as hours, days or weeks, can be catastrophic or fatal.

During the short time after a concussion injury, brain cells that are not irreversibly destroyed remain alive, but exist in a vulnerable state.

The risk for a second impact should be considered in a variety of sports associated with the likelihood of blows to the head. These sports include:

  • Football
  • Boxing
  • Ice or roller hockey
  • Soccer
  • Baseball
  • Basketball
  • Snow skiing

Neurologists say that once a person suffers a concussion, he or she is as much as four times more likely to sustain a second one. According to league officials, there are approximately 160 concussions in the N. F. L. and 70 in the N. H. L. every year. In addition, “Following head impact, athletes with any alteration in mental status, including transient confusion or amnesia with or without loss of consciousness, should not return to activity until examined by a healthcare provider familiar with these guidelines”.

Millions of athletes, from young children to professionals, suffer sports-related injuries every year. While these injuries are usually accidental, sometimes they can involve negligence and warrant legal action.

Even though parents sign school liability release forms, there can be exceptions if an injury results because of negligence. This can include a coach pushing an athlete too much, improper or defective gear, poor training or insufficient supervision.

If you or a loved one suffered a serious sports-related injury that may have been caused by negligence, you may want to contact an experienced personal injury attorney to evaluate your case.

Contact the Riverside personal injury attorneys in the law offices of Gary G. Goldberg. We can help you hold those responsible for your suffering accountable for their actions.

Proudly serving Riverside County, California, including the cities of Riverside, Corona, Jurupa Valley, Moreno Valley, Beaumont, Temecula, and Murrieta as a Riverside Personal Injury Attorney. © Copyright MMXXII Gary G. Goldberg

↑ BACK TO THE TOP ↑