What to Do When You Get Fired Unfairly
If you’ve recently been laid off or fired from your job, you may be thinking, what’s next? The answer depends on the circumstances and reasons behind your termination. You could file for unemployment benefits and start looking for a new job. But if you've been wrongfully terminated from your position, you could have a legal claim or lawsuit for lost wages and other damages you've suffered as a result of losing your job. In addition, you also have the right to get your full wages on time as required under the law. For example, if you are involuntarily terminated by an employer, your employer must give you your final paycheck immediately upon your termination. If your company has failed to pay your proper wages in full, you could file a claim for wage theft. The statute of limitations for filing an employment lawsuit for wrongful termination or wage theft is typically 1 year — however, it can be longer for certain types of cases. It’s important to talk to an attorney about what the statute of limitations is for your specific claim, as these limitations vary on a case-by-case basis. To ensure that your rights are properly protected, don’t wait to speak to a lawyer. Call (800) 501-3011 now for a FREE consultation. What Is Wrongful Termination? Wrongful termination is defined as the act of firing or laying off an employee for an illegal reason. While an employee may be fired, the classification of “wrongful” must be justified by the breach of a protected class. Federal law protects employees from being fired: For asserting their legally protected rights in the workplace, Because of unlawful discrimination based on age, sex, race, religion, disability, or any other legally protected characteristic, For reporting sexual harassment or a toxic or hostile work environment, In violation of an existing employment agreement, As a form of retaliation for filing a workplace complaint with HR, In violation of any collective bargaining or union agreements or laws, or In violation of any applicable local, state, or federal laws. The impact of wrongful termination on the lives of employees is hard to overstate. Illegally fired employees can suffer from depression, anxiety, financial stress, and career setbacks. If your employer fired you in bad faith, they may lie about your work performance and try to blame their decision on your work output. This could affect your professional reputation and your ability to find future work in your field, especially if your employer is a big industry player. If you’ve been wrongfully terminated from a company, you may not be the only one. This is especially true if a business suffers from a toxic work environment, where bad behavior is not only tolerated but even encouraged as a part of company culture. Many workers are intimidated by the thought of challenging their employers in a court of law, especially large corporations with deep pockets and lawyers on staff. Some employees may not even realize how much the law actually protects them. Employers that act in bad faith bet on their workers not realizing the power of their rights. But the law is on your side – and you can level the playing field by hiring an experienced employment lawyer for your case. Is It Hard to Prove Wrongful Termination? Proving wrongful termination isn't usually easy. This is because employers rarely communicate the real reasons behind an illegal firing since they know that will get them in trouble. Instead, your company may try to blame you for losing your job by lying on your performance reports or making other false allegations. A knowledgeable employment lawyer can spot the tricks companies use to cover their tracks. Your attorney can help gather the evidence you need to back up your case. How Do You Prove Wrongful Termination? Wrongful termination cases are fact-specific. The outcome depends on the unique details of your case. The best way to prove your case is to gather as much evidence as you can. Evidence of wrongful termination may include: Emails, instant messages, written statements, documents, or other communications A history of performance reports showing that you were a good employee Witness testimony backing up any verbal statements that may have been made Records of any reports you filed with your manager, HR, or the government Circumstantial evidence that demonstrates a company’s patterns, biases, or culture Proof that your company refused to follow their own employee protection policies Gathering all of that evidence can be tricky, especially if you’ve been removed from your job along with your access to company documents. You may no longer have the ability to log in to your company email address. If your employer has been acting in bad faith, they’re not likely to cooperate with your requests to get the evidence you need to sue them. An employment lawyer can help you get a court to subpoena the relevant documents you need from your company, even if they refuse to disclose the information voluntarily. Can You Sue for Wrongful Termination? A lawsuit can help you get monetary compensation for the income you’ve missed as well as any extra costs you’ve incurred because of losing your job (such as the expense of looking for a new job). You could even receive damages for the mental anguish you’ve experienced. Additionally, on the federal level, you can file a claim with the Equal Employment Opportunity Commission (EEOC) if you think you were fired because of harassment or discrimination. Some states have even greater employee protections. In those states, you could file a wrongful termination claim with a state agency. But your best strategy may be to file an employment lawsuit in civil court against your employer for wrongful termination and lost wages. How Much Can You Get in a Wrongful Termination Lawsuit? Successful wrongful termination cases could end in a settlement or judgment paying the victim to “make them whole” for the losses they’ve suffered as a result of their company’s actions. Because each case is different, there is no standard amount of compensation that is awarded in wrongful termination cases. The total will depend on the damages you suffered and the specific circumstances of your case. Cases with blatant discrimination or patterns of sexual harassment where company leadership fostered a hostile working environment could pay out even more for the victim. At the Wilshire Law Firm, our top-rated employment lawyers fight for employees to get the MAXIMUM possible payout for the injustices they’ve had to suffer in the workplace. We take our cases on a contingency-fee basis, which means you don’t have to worry about paying any legal fees unless we win your case for you. Our team of wrongful termination lawyers is available 24/7 for a FREE, no-risk consultation. Call us now at (800) 501-3011 or fill out our online form.
Fisher Price Recall 2021: 4 in 1 Rock n Glide Soother & 2 in 1 Soothe n Play Glider
According to a recent report released by the United States Consumer Product Safety Commission, Fisher Price has recalled both the Fisher Price 4 in 1 Rock n Glide Soother as well as the Fisher Price 2 in 1 Soothe n Play Glider. Both products have been recalled due to potential suffocation hazards and should be returned immediately. Why Were The Fisher Price 4 in 1 Rock ‘n Glide Soothers Recalled? According to the United States Consumer Product Safety Commission’s report on 4 in 1 Rock n Glide Soothers, the Fisher Price 4 in 1 Rock n Glide Soother led to the deaths of four infants, who were reportedly placed in the soother while on their backs unrestrained and then found suffocated and on their stomachs. The deaths occurred between April 2019 and February 2020 and all of the infants were four months or younger. The Fisher Price 2 in 1 Sooth n Play Glider has also been preemptively recalled for potential safety reasons, although there were no fatalities associated with the product. The official recall statement included that around 120,000 Fisher Price 4 in 1 Rock n Glide Soothers were sold from the period of 2014 to 2020. Additionally, 55,000 units of 2 in 1 Soothe n Play Gliders were distributed and sold from November 2018 to May 2021. When Was the Fisher Price Recall for the Rock ‘n Glide Soother? The recall for both the Fisher Price 4 in 1 Rock n Glide Soother as well as the 2 in 1 Soothe n Play Glider was on June 3rd, 2021. What to Do With Fisher Price Recalled Rockers Immediately stop using the recalled Fisher Price 4-in-1 Rock ‘n Glide Soother or 2-in-1 Sooth n Play Glider. You are eligible for a full refund on both the Rock n Glide Soother as well as the Soothe n Play Glider. For a refund, visit the Fisher Price online website at www.service.mattel.com and click on “Recall & Safety Alerts,” or call toll-free at (855) 853-6224. You may also be eligible to enter into a class action or product liability lawsuit, depending on the circumstances of your situation. Scroll down to the bottom of this post for information about how to take legal action. Recent Fisher Price Recalls Additionally, Fisher Price is also under fire for a previous recall of their Rock n Play sleeper, which was similarly recalled for infant fatality due to asphyxiation on April 12th, 2019. Around 4.7 million units have been distributed since its release in early 2009. The U.S. House of Representatives compiled an extensive report regarding the dangerous flaws of the Fisher Price Rock n Play. The Infant Death in Inclined Sleepers Report reveals that: Fisher-Price failed to ensure the Rock ‘n Play was safe, ignored warnings that it was dangerous, and marketed it for overnight use despite the known risks. The report goes on to mention that the Fisher Price Rock n Play was primarily influenced by sales and disregarded concerns that the product may be dangerous. Internal documents obtained from the report show that the company conducted marketing research that led them to market the product as a “Sleeper” rather than a “Soother”, despite serious apprehension from pediatricians in the United States and regulatory bodies in both Canada and Australia. The Fisher-Price Rock n Play sleeper has led to deaths of over 50 infants according to the report. Filing a Lawsuit: You May Be Eligible for Compensation Parents and guardians have a right to assume that the baby products they purchase are safe for their children. When there are safety issues related to the way the product is designed, manufactured, marketed, or distributed, consumers can take legal action to hold the responsible company liable. If you purchased a Fisher Price 4 In 1 Rock n Glide Soother or the 2 in 1 Soothe n Play Glider, you may be eligible to receive compensation. As someone who purchased one of these products, you could join a class action lawsuit (even if your child was not physically harmed by the product). Or, if your child was injured, you could be eligible to file a private personal injury lawsuit to recover damages for the losses you and your family experienced. At Wilshire Law Firm, we have award-winning class action and personal injury attorneys who handle product liability cases, and we’re ready to assist you with your case. We work on a contingency basis, meaning you don’t pay any fees unless you win your case. For a free consultation, fill out our online contact form or give us a call at (800) 522-7274.
Who Is Responsible for Injuries at Stadiums, Sporting Events, and Concerts?
Can you sue if you get hit by a baseball at a game? What about rowdy or violent fans? What if you slip and fall at a concert venue? Is it possible to hold a property owner responsible for injuries that happen at stadiums, arenas, theaters, sports facilities, and other event sites? With the decline in COVID-19 rates across the country, sports and entertainment events are back on the menu for millions of Americans. But as more people return to in-person events, the risk of injury goes up as well. Venue owners who feel pinched for money may skimp on the critical repairs or structural improvements needed to keep event attendees safe. Negligent or inadequate security can expose fans to criminal assaults on or around the property. The result can be disastrous injury or even death, turning a fun day into tragedy. A recent study by the University of Alabama at Birmingham found that spectator injuries can be “life-threatening and life-changing.” Of all the injuries recorded in the study, over one-third were fatal. Property owners and venue operators have a legal duty to provide a reasonable level of safety and security for their customers. If you are injured because a stadium owner or sports facility fails to keep their patrons safe, you can sue in a premises liability lawsuit to hold them responsible for your losses. Assuming Risk as an Event Spectator When attending a sporting event like a baseball or hockey game, fans assume a certain amount of risk if the danger is obviously a part of the event. For example, foul balls can be dangerous, but they are also an inherent part of every single baseball game. One study found that in 127 National Hockey League (NHL) games, 122 spectators were injured by pucks, 90 required stitches, and 45% had to go to the emergency room. Most of these injuries involve blunt force trauma to the head or face. In cases where certain risk should be reasonably assumed by the public, stadium and arena owners may not always be held responsible for these types of injuries. However, you could get damages if you were injured outside the usual scope of the sporting activity or if the stadium owner or other venue owner was negligent in maintaining protective measures for patrons. Slip and Fall Injuries at Events and Sports Games Stadium and venue owners have a legal duty to keep their properties safe from foreseeable dangers. Entertainment and sporting events come with unique challenges because of the large number of spectators involved. Managers should take regular care to inspect their property for hazards that can harm the public, such as: Poor lighting Broken seats or stairs Leaking pipes or flooded floors Missing handrails or safety banisters Some of the deadliest incidents happen at bicycle, motorcycle, and car races where the rider or driver loses control and overtakes the safety barriers in place to protect spectators. These types of events require extra care to minimize the dangers of accidents. That could mean strengthening barriers or keeping spectators out of areas that present higher levels of risk. If you get hurt because of dangerous conditions on the property, you can sue for damages based on negligence. If a loved one dies because of hazards at an event venue, their survivors can file a lawsuit for wrongful death against the responsible party. While the law cannot undo what happened, a lawsuit can help “make you whole” by covering the costs of your injury, including any wages you lose if you’re unable to work. Injuries aren’t limited to just professional or major league sports, either. Little league, minor league, even municipal or intramural sports facilities have responsibilities to their spectators. People can get hurt if bleachers or grandstands are located in dangerous areas that put spectators at higher risk of getting hit by balls, bats, or even players. Negligent and Inadequate Security at Sporting Events In some cases, it’s not the conditions of the property but the fans that become a problem. In a 2018 case, a schoolteacher suffered total amnesia after rowdy spectators at a Patriots vs. Bills game caused her to hit her head. The resulting injury affected her life dramatically – she became unable to remember her happiest memories or family member’s names. The incident was captured on cameras and used as evidence in the case. According to the lawsuit, the Buffalo Bills stadium security failed in their duty to “properly control and monitor” spectators in the stands. The fan responsible for the injury appeared to be intoxicated and security companies must oversee alcohol compliance at events. In fact, security officers had come to that specific section earlier in the game to deal with the rowdy fans. While foul balls may be a part of the game, assault by fans is not. Most sporting arenas have rules against drunken or disorderly behavior by spectators. Even if you’re wearing the other team’s jersey, you have a right to feel and be safe at sporting events. After all, spectator safety is the reason stadiums hire security in the first place. Security can also mean proper crowd control and emergency exit access. Stadium, arena, and concert venue owners have the responsibility to inspect their premises for foreseeable dangers. That also includes crimes on or around the property, such as the parking lot. When property owners fail to provide proper security, people can get hurt. The venue, its managers, or even the security company could be held responsible. Negligent Security Lawsuits A negligent security lawsuit can get you the compensation you need to move forward with your life after an injury. A negligent security settlement could cover: Your past and future medical expenses Income or wages you’ve lost as a result of being unable to work Long-term supportive treatment or live-in care, if necessary Pain, suffering, and emotional distress resulting from the incident Disability or loss of enjoyment of life The cost of mental health treatments If you have been injured at a concert or sporting event, call the top-rated personal injury lawyers at Wilshire Law Firm for your FREE consultation. You can reach us at (800) 501-3011 or use our online form. Our offices are open 24/7 for your convenience.
How Do You Prove a Traumatic Brain Injury in Court?
Traumatic brain injuries (TBI) impact millions of people’s lives every year. Even “mild” or moderate head injuries can have major consequences for your health. Brain injuries are typically catastrophic in nature, and can result from all types of accidents, such as traffic accidents, slip and fall accidents, workplace accidents, and more. In 2019 alone, 61,000 Americans died from TBI-related causes, equaling about 166 deaths per day. Many others live with disabilities caused by traumatic head injuries or concussions, impacting their ability to function, work, or enjoy day-to-day life. Traumatic brain injuries could involve: Blunt force trauma, concussions, whiplash, brain swelling, or bleeding Becoming unconscious, anywhere between a few seconds to days or longer Memory loss that can be mild (for a few days) or severe (permanent) Difficulty speaking, forming words, or controlling speech functions Blindness, vision impairment, or inability to open your eyes Loss of motor function, inability to move, or paralysis Changes in cognition or personality TBI often requires intensive medical treatment and even long-term care. If you were left to foot the bill, the cost of treating a traumatic brain injury could drain your savings or even bankrupt your family. If you want to put responsibility where it belongs, you can file a personal injury lawsuit against the person (or company) who caused your injuries. These types of lawsuits help you get monetary compensation for traumatic brain injuries caused by someone else. In order to successfully file a personal injury lawsuit and get a settlement or court judgment in your favor, you must prove that: The person responsible for your injury had a duty of care that they failed to meet, You suffered personal harm or injury as a result, and Their actions actually caused your injuries. TBI cases are fact-specific. The outcome depends heavily on the unique circumstances of your situation: How did your injury happen? Who caused it? What did you suffer as a result? All of these questions must be answered with convincing evidence. So how do you prove a TBI case? What exactly do you need to hold someone responsible for the harm they caused? A personal injury lawyer can help answer these questions and gather the evidence you need to prove your case. Call Wilshire Law Firm 24/7 at (800) 501-3011 or use our online form now to get a FREE consultation of your case. Proving Your Claims in a TBI Lawsuit Let’s break down what types of evidence you need in your TBI case. You must first prove that you suffered an injury – primarily through medical records. As soon as you see a medical professional, you start a paper trail documenting the injuries you’ve suffered. This evidence can be used in court to back up your claims. You must prove the severity of your injury. This determines how much you ultimately get in compensation. Damages in a personal injury case are meant to cover all of your medical bills, even in the future. The more severe your injury, the more costly your treatment is likely to be and the more you should get in a settlement. This involves proving the long-term impact of your injury. You must determine whether you’ll need any future surgeries, rehabilitation treatments, assisted care, or in-home care. If your injuries make you unable to work, you must prove how much income you expect to lose over the years so that your settlement our court judgment can cover the cost. Finally, you must prove that your injury was caused by the accident or incident related to your claim. This is why it's so important to see a doctor right after you suspect you've been injured. The longer you wait to get a proper diagnosis, the more challenging it can be to tie the injury to your accident. How much of this evidence will you need? As much of it as you can get. If you suffered a traumatic brain injury because of an incident such as a traffic accident, you’ll probably end up dealing with an insurance company in your case. Despite what they say in all their commercials, insurance companies are not on your side. An insurance company’s first priority is their profit margin, which is negatively affected with each claim they pay out. In fact, insurance companies will usually reach out with a low settlement offer early on after your accident, hoping you’ll settle for much less than you’re actually owed. (Read this article to learn the 10 tricks car insurance companies use to mislead people.) Talking to an experienced personal injury lawyer can help you avoid becoming a victim of these predatory practices. Instead, your attorney can help you put forth your strongest possible case. You can build a stronger case with more evidence. If you can convince an insurance company that they will lose to you in court, they will often make a better settlement offer. At Wilshire Law Firm, our lawyers help clients get the evidence they need to win. What Kind of Evidence Can You Use in TBI Cases? Traumatic brain injuries aren’t as obvious as cuts or broken bones, which is why they can go undetected for years. To make matters worse, even the medical establishment still has a lot to learn about how head injuries, concussions, and TBI affect health. Evidence in a traumatic brain injury case could include: Medical images such as CT scans, MRI scans, or x-rays Brain mapping, diagrams, or computer simulations Intracranial pressure (ICP) monitoring to determine any brain swelling Diagnostic tests that determine your level of mental function, physical function, cognitive ability, information processing skills, speech control, and motor skills Witness testimony from both eyewitnesses and TBI experts Medical experts like neuropsychologists, neurologists, or rehabilitation doctors “Before and after” witnesses who can testify about how the injury has affected your life Testimony from mental health experts like psychologists and psychiatrists A traumatic brain injury can affect not only your cognitive and physical functions but also your personality and memories. You may become unable to work. Such changes can be devastating for you and your family, not just financially but emotionally, too. Our team at Wilshire Law Firm wants to be here for you and your family so you don’t have to deal with the aftermath of a brain injury alone. Let us help you evaluate your case and your legal options for recovery! For a FREE consultation of your case, call the TBI lawyers at the Wilshire Law Firm at (800) 501-3011 or use our online form.
Can You Sue a Company for False Advertising?
As a consumer, you rely on companies to properly represent their products and services. Unfortunately, not every company plays by the rules in their marketing and advertising practices. Some businesses choose to use false or misleading advertising to get more people interested in what they’re selling. And when a company violates that trust, buyers suffer negative consequences. At best, buying a falsely advertised product can result in a loss of money — and at worst, it can cause serious injury or even death to consumers. Government and state statutes stop companies from making false claims in their marketing and advertising. As a result, consumers have legal rights and protections. If you paid for a product or service that was falsely or improperly advertised, you can hold the offending company accountable through a misleading advertising lawsuit. If you successfully prove your claims, you could receive financial compensation. Because false and misleading advertising is targeted at large groups of consumers at once, affected customers often join forces in class action lawsuits against the responsible company. This gives customers plaintiffs strength in numbers and can make it easier to prove the true level of impact of a company’s irresponsible marketing practices. If you purchased a product or service based on deceptive advertising practices, our award-winning class action lawyers at Wilshire Law Firm want to help. Call us at (800) 501-3011 for your FREE consultation or use our online form. Is False Advertising Against the Law? Yes, there are laws that forbid companies from misleading consumers with deceptive product labels or false advertisements. An attorney can help you determine the laws under which you can file a false advertising lawsuit in your state. What Qualifies As False Advertising? False advertising, deceptive branding, and misleading marketing come in many different forms: Manipulating key terms – using certain words as descriptors without justification Deceptive visual representation of the product – showing a product being used in a way that it cannot actually be used Bait and switch – pretending to sell one product or service, but actually giving the consumer an inferior product or service Incomplete or false comparisons – claiming a product or service is superior to another without justification, or deliberately concealing parts that are inferior in comparison Misleading product warranties or guarantees – guaranteeing a certain quality of product and not delivering on that quality, or offering warranties for repair or replacement but refusing to honor the warranty Unfortunately, some companies go to extreme lengths to maximize sales, putting profits over people. Instead of investing in creating a better product or offering a superior service, they’d rather mislead people about its features or even trick people into buying it. This type of unethical advertising can result in millions of dollars stolen from consumers. Depending on the product or service, it can even put lives at risk. Below are some specific examples, for context: False Advertising Examples Selling a product that doesn’t actually do what it’s marketed to do Leaving out information that the average buyer would consider important to know Exaggerating the size of a product (or serving size of food) to make it look bigger Inaccurately labeling a product “organic” without actual basis Misrepresenting the ingredients that make up an item or their ratios Charging fees or surcharges that are hidden until the customer has been billed Falsely claiming support from the scientific community or industry leaders, or approval from government agencies Making marketing claims based on outdated, debunked, or flawed research studies Misreporting the geographic source of the product or its ingredients Advertising a product for one price and actually selling it for a higher price Claiming sales prices without actually marking down products Advertising a warranty for a product but refusing to honor it Marketing a product with a no-hassle money-back guarantee and then refusing to honor it While exaggerated claims are common and even expected in advertising, unlawful false statements and dubious marketing can mislead even the savviest of consumers. What Are the Consequences of False Advertising? Victims of misleading and false advertising can file a false advertising lawsuit against the responsible company in civil court. For mass-market products that are widely available across the U.S., the sheer number of victims can lead to a class action lawsuit, representing possibly thousands or millions of consumers. A class action of this size could have potentially billions of dollars at stake. The company responsible for the product may be ordered to pay consumers for their financial losses and cover the costs of any injuries caused by their deceptive marketing. In addition, if consumers are able to prove their false advertising claims, courts may use a legal injunction to stop the company from continuing the false advertising campaign. False advertising cases can get complicated, especially if the victims have significant financial losses or the product led to personal injury or even wrongful death. If you’ve experienced false advertising or deceptive marketing practices, you should first talk to a lawyer about your case. What Should I Do If I Have a False Advertising Claim? If you believe you have grounds for a false advertising claim, you should seek legal help right away. A class action attorney can help you join forces with other consumers and follow all the appropriate steps of a class action lawsuit to hold the at-fault company liable. At Wilshire Law Firm, our class action lawyers who go up against some of the largest corporations in order to achieve just compensation for consumers. To find out if our team can assist you with your case, call us today at (800) 501-3011 for your FREE consultation or fill out our online form.
What Types of Damages Can You Get in a Personal Injury Case?
Federal law uses damages to compensate victims for the harm they've suffered because of another person’s actions. Courts award damages to “make victims whole,” as if their injuries never happened. Of course, it’s literally impossible to undo an injury. Instead, damages give victims financial compensation to offset the harm they’ve experienced. If you’ve been injured, you need medical treatment – whether your injury was caused by a motor vehicle accident, slip and fall accident, an injury caused by a defective product, or something else. Even with insurance, treating your injuries can cost a significant sum. Typically, the more complex your injuries, the higher your medical bills will be – especially if you need lifelong care or support. But damages don’t just stop there because an injury can have a greater impact on your life than just medical bills. You may suffer physical pain for years as a result of your injuries, which can develop into long-term chronic symptoms or lifelong disability. You may become unable to work, losing an important source of income for yourself and your family. You may find that you are no longer able to participate in activities that used to bring you joy. Damages help compensate you for all that you’ve lost as a result of an injury – not just your financial losses. Some types of damages even exist to punish especially negligent or reckless behavior that led to your injury. Damages in personal injury cases could recover hundreds of thousands or even millions of dollars for victims. If you’ve been injured because of someone else’s negligence or wrongdoing (whether that's from a motor vehicle accident, a slip and fall accident, an injury caused by a defective product, or something else), you could recover more compensation than you may even realize. Call the award-winning personal injury lawyers at the Wilshire Law Firm at (800) 501-3011 to get a FREE consultation of your case. What Are the Types of Damages You Can Recover in a Lawsuit? Personal injury lawsuits can result in three types of damages: Specific or economic damages compensate you for all the financial losses you’ve suffered and any future costs you expect because of your injury, including medical expenses, property damage, repair or replacement costs (such as vehicle repair after a crash), lost income or wages, lost earning potential, rehabilitation costs, home and vehicle modifications, etc. General or non-economic damages compensate you for any physical pain you’ve suffered as well as emotional distress, loss of enjoyment of life, disability, shortened lifespan, disfigurement, or increased risk of future harm as a result of your injuries. Punitive damages punish the responsible party for their role in causing your injury, but are limited to cases involving especially bad, reckless, or intentional behavior. The categories above may cover much more than you’d think. For example, if you’ve been injured in a traffic accident and your car needs repairs, you can include the cost of a rental car in your personal injury lawsuit. If you’re a stay-at-home mom who can’t function at the same capacity because of your injuries, you could get damages to cover the cost of childcare. Be sure to discuss your potential damages with a qualified attorney, as each of the types of compensation you’re eligible for will vary on a case-by-case basis. How Are Lawsuit Damages Calculated? Calculating the amount of damages depends on the type of damages involved. Specific or economic damages are the most straightforward to calculate. For past expenses, you can simply show your bills. For future expenses and medical bills, your legal team can help calculate an estimate of the cost based on the severity of your injuries and the extent of the treatment you’ll need. General or non-economic damages are more intangible in comparison. Courts calculate pain and suffering based on your medical diagnosis, testimony about your injuries by expert witnesses, records from your mental health providers such as therapists or psychiatrists, and prescriptions for pain medication. The worse your injuries are and the longer you’ll need treatment, the more damages you can expect. Punitive damages generally can’t be more than four times your general damages as most courts require them to be “relatively proportionate” to the harm you’ve suffered. Based on the state where you were injured, there may be additional limits on punitive damages. The best way to recover the full compensation you deserve is to present a strong case. That means you need good, convincing evidence to prove your claims. At Wilshire Law Firm, our personal injury lawyers can thoroughly investigate the circumstances surrounding your accident and injuries, making sure you have the best evidence possible to prove your case. Every little detail counts when it comes to getting the maximum possible recovery for our clients. How Much Is Pain and Suffering Worth in a Lawsuit? “Pain and suffering” is an umbrella term that describes the mental harms you suffer as a result of an injury. When deciding the amount of pain and suffering damages, courts look at: How much pain, discomfort, or distress you feel on a daily basis How much medical treatment you’ll need to recover Whether your doctors expect you to make a full recovery or not Any pre-existing conditions that became worse because of the injury If you’ve experienced any long-term or permanent disability, impairment, or scarring Whether the injury puts you at a greater risk of future harm to your health If you experience a lower life expectancy because of the injury The effect of your injuries on your ability to work or enjoy certain activities How Much Money Can You Get From a Personal Injury Lawsuit? Personal injury lawsuits can recover thousands to even millions of dollars for victims. As an example, the Wilshire Law Firm has won hundreds of millions of dollars for our clients since 2007. The amount of money you can expect from a personal injury lawsuit depends on: The severity of your injuries, and The strength of your evidence. A successful personal injury lawsuit can end up with a payout in the form of a negotiated settlement agreement between parties or a judgment by the court. A settlement can be negotiated up until the court makes a judgment. Many personal injury lawsuits settle because the responsible party wants to avoid a long and expensive court case that they know they’ll lose. Get the Legal Help You Need for Your Case Because each case is different, it’s critical that you work with an attorney to determine what types of damages you can claim, the amount of compensation you should be seeking, and how to properly proceed with your case. Wilshire Law Firm is a nationwide leader in handling even the most complex personal injury cases. We’ve fought passionately for the rights of injury victims for years, with hundreds of millions of dollars in compensation recovered for our clients since 2007. Our legal team is available 24/7 for your convenience. Call us now at (800) 501-3011 for your FREE consultation or use our online form to contact us.