This form is a sample separate answer filed by the defendant in a personal injury claim.
Orange California Separate Answer - Personal Injury Accident
State:
Multi-State
County:
Orange
Control #:
US-PI-0133
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Separate Answer - Personal Injury Accident?
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FAQ
The Pain and Suffering Multiplier Method: The multiplier method for calculating pain and suffering is the most common approach. This method involves adding all special damages and then multiplying that figure by a certain number (typically between 1.5 and 5 with 3 being most commonly used).
What are heads of damages in a compensation claim? Pain And Suffering (Also Called 'General Damages')Loss Of Earnings Or Loss Of Functional Capacity.Care And Assistance.Medical Expenses.Aids And Equipment.Interest.
There are specific elements that a plaintiff (the injured party) must prove in order to make a negligence claim. These are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.
A court will calculate compensation according to each head of damage, considering the injuries sustained, the impact on the claimant's lifestyle and employment, plus costs as a result of the injury as well as reasonable future costs.
If you are dealing with medical negligence, then the average payout in such cases is $650,000.
General damages are awarded for pain and suffering, and loss of enjoyment of life. There is no precise formula governing the calculation of common law general damages, but courts will look to the particular facts of a case and assess a monetary sum that is fair and reasonable to compensate plaintiffs for their loss.
How is Pain and Suffering Calculated? There is no clear pain and suffering calculator, either for a judge and jury or for an insurance company. Typically, pain and suffering get based on a percentage of your special damages: usually between 1.5 and 5 times the special damages from your claim.
If you are dealing with medical negligence, then the average payout in such cases is $650,000. Whereas for car accidents, the average payout is around $150,000.
It usually takes about 12 months from the negligence of a doctor or hospital for the injury to settle down enough for your lawyer to obtain the necessary expert and medical evidence to prove your claim. It then usually takes about 6 to 12 months for your lawyer to gather the evidence in support of your claim.
