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Will Previous Injuries Affect Your Personal Injury Case in San Francisco

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Previous Injuries Affect Your Personal Injury Case in San Francisco

In San Francisco, California, personal injury cases are often complicated, especially when multiple parties are involved. This is particularly true when one party has been injured due to another party’s negligence. In such situations, the victim must prove that the negligent party caused his injuries and that he deserves compensation for those damages. However, even though personal injury claims require evidence of wrongdoing, they do not always require proof of medical bills or lost wages. Instead, California law allows plaintiffs to recover for pain and suffering, emotional distress, and other damages that are difficult to quantify.

In some cases, however, previous injuries may affect the outcome of a personal injury case. For example, if a plaintiff suffers from chronic pain, he may be unable to work and therefore lose income during the pendency of his case. If he loses his job because of his inability to work, he may not receive full compensation for his losses. Likewise, if a plaintiff suffered a prior injury while working for a particular employer, he may not be able to show that the current accident was related to his employment.

Contact Phoong Law today if you believe that a previous injury may affect your ability to pursue a personal injury lawsuit. We offer free consultations and will fight hard to get you what you deserve.

You Can Only Recover for Accident-Related Damages

You might suffer physical injuries such as whiplash, bruises, cuts, broken bones, sprains, strains, and contusions in a car accident. You may also suffer emotional distress, including anxiety, depression, post-traumatic stress disorder (PTSD), and sleep loss. If you suffered a severe injury, you might be entitled to compensation for lost wages, pain and suffering, and mental anguish. However, you cannot recover for past and future medical expenses, lost wages, punitive damages, or loss of use of the vehicle.

Past and future medical expenses

A personal injury lawsuit can help pay for any medical costs resulting from your car accident. Knowing what damages you might be entitled to collect is vital if you are injured in a car accident. This includes medical expenses. You may be able to claim compensation for past and future medical expenses. However, there are limits to how much you can recover.

If you are involved in a car accident, contact our office immediately. We can review your case and determine whether you qualify for compensation. We will explain your options and answer any questions you may have about making a claim.

Lost wages

A worker who loses his job because of an injury is entitled to compensation for lost wages. This includes both salary and benefits, such as pension contributions. You may be eligible for diminished earning capacity payments if you cannot return to work at your former position. These include payments based on the difference between what you earned before being hurt and what you earn now.

Loss of future earnings and benefits

Future loss of earnings is different than lost wages. Lost wages are what you’d usually pay someone to do a job. For example, you still pay the same amount if you lose a work day because of an injury. But, if you miss out on future income due to illness or injury, you won’t earn anything else while you recover. This could mean less money in retirement or savings accounts.

Many factors calculate the future loss of earnings, including how long it takes to heal, whether there are complications, and how severe the injury is. A doctor might recommend surgery to help speed recovery, but that doesn’t always happen. You could lose out on future earnings if you don’t make enough money to cover medical bills.

Property Damage

In addition to medical expenses and lost wages, you may be entitled to compensation for property damage. Property damage includes repairs to your home or car, replacement services, and other losses. If you were not driving when your car was damaged, you might be able to seek compensation for property damage even though you weren’t at fault for the crash.

Damages for property damage are limited by state law. Some states limit liability to $15,000 per person and $30,000 per incident. Other states allow more. Contact Phoong Law in San Francisco, California, today to find out how much you’re entitled to receive.

Disability Accommodations

You may be entitled to disability accommodations if you need special equipment or assistance to perform everyday tasks. The Americans with Disabilities Act requires employers to provide reasonable accommodation for people with disabilities. This means providing ramps, lifts, and other devices so they can get around safely.

For example, if you are disabled and need a wheelchair to move around, you should be provided one. If you have trouble hearing, you should be given a sign-language interpreter. If you have difficulty seeing, you should be given magnification glasses.

The ADA also protects employees who need these types of accommodations. They must be made available to everyone without discrimination. 

Chronic Pain

Pain and suffering are essential components of any personal injury claim, especially those involving chronic conditions like cancer or arthritis. If you’re dealing with long-term pain, it’s vital to determine how much you’ve lost. How do you calculate pain and suffering? Here are some tips:

• Consider the type of treatment you received. Did you undergo surgery? Have you been prescribed medication? If so, did you take it properly? These factors can affect your recovery timeline and quality of life.

• Think about how your injuries affected your ability to perform daily activities. For example, if you needed to miss work, it could impact your income.

• Consider the financial consequences of your injuries. Was there medical care involved? Did you lose wages while recovering? What about future medical bills?

A lawyer will help you understand the process and ensure you receive fair compensation.

Emotional Distress

The word “emotion” has become synonymous with “feeling.” But what does it mean? What do emotions feel like? And how do we recover from emotional distress? In this video, Dr. Mark Hyman explains why it’s essential to understand our emotions and how to deal with them.

Dr. Hyman says many approaches to emotional healing, including physical and mental strategies. He talks about the importance of listening to your body, asking yourself questions, and seeking help from a qualified professional.

Loss Of Quality Of Life

When someone suffers an accident that causes permanent damage to their health, they may be entitled to damages for loss of quality of life. Loss of quality of life refers to the inability to enjoy the same happiness and fulfillment that one would experience without suffering an injury.

For example, if you were injured in a car accident and had to spend months in bed, unable to move or even get out of bed, you might be able to prove that you suffered a loss of quality of life because of the accident. You might also be able to prove that the other driver was at fault for causing your injuries.

In addition to monetary compensation, victims of accidents often seek non-monetary forms of relief, including counseling services, therapy, and other treatments.

Examples of Pre-Existing Medical Conditions

You may not qualify for specific insurance coverage if you have a pre-existing condition, such as diabetes or heart disease. However, you may still be eligible for compensation if you suffer severe injuries due to another person’s negligence.

Some examples of pre-existing conditions include:

• Arthritis

• Cancer

• Chronic illness

• Diabetes

• Heart disease

• High blood

The Affect of Pre-Existing Medical Conditions

Your lawyer will ask about any prior surgeries or illnesses you’ve had. This includes anything from broken bones to cancer. If you don’t disclose it, you could lose out on compensation. A personal injury attorney should never make you feel like you are being pressured into accepting a low settlement offer. Instead, they should explain the process step-by-step, so you understand precisely what you’ll receive. Your attorney should also tell you how much money they think your case is worth and whether you should accept his settlement offer.

What To Do After an Accident in California

If you are involved in a car accident in California, it is crucial to seek immediate medical care. If you are injured, contact a personal injury lawyer as soon as possible. You could be eligible for compensation.

The law requires that you notify the police within 24 hours of being involved in a crash. This gives the investigating officer enough information to help determine fault.

In addition, you must provide proof of insurance coverage to the person responsible for the damage. In some cases, the driver at fault may refuse to pay damages. However, if he does not have insurance, you may still be able to recover compensation.

You must legally file a claim form with the DMV within 15 days of the accident. Failure to do so could prevent you from receiving compensation.

While you wait for the insurance adjuster to arrive, you should gather evidence such as photos, video footage, witness statements, etc., to support your case.

Once you receive payment, you must send the insurance company a copy of the settlement agreement and your final bill.

California Statute Of Limitations

A statute of limitations is a law that limits how long someone has to bring a lawsuit against another person or entity. In most cases, it gives people a certain amount of time to file a complaint after they are injured. For example, in California, plaintiffs can file personal injury lawsuits up to two years from the date of the incident.

Statue Of Limitations Exceptions


If you were under 18 when you suffered injuries, you have until age 18 to file a personal injury suit.

Plaintiff Mental Incapacity

If you were mentally incapacitated due to a mental illness, you have until you become competent again to sue.

Plaintiff Is Incarcerated

You have until you are released to sue if you are currently incarcerated.

Plaintiff Performing Military Service

If you actively serving in the military, you have until your discharge to file a personal injury lawsuit until your discharge.

Plaintiff Dies:

If you die within 6 months of filing a lawsuit, your family members can continue your legal action.

How Long Do Personal Injury Cases Last?

Most personal injury claims involve some type of accident. The average time for a personal injury lawsuit to go to trial is about three years. However, many factors affect how long a case takes to resolve. For example, the severity of the injury, whether the defendant admits fault, and whether the plaintiff accepts a settlement offer before trial can all impact the duration of a case.

In addition, the case’s complexity can also play a role in determining how long a case lasts. A simple slip and fall case might take less than one year to settle, whereas a complex construction defect case could drag out over several years.

However, even if a case goes to trial, it does not necessarily mean it will take longer than expected. Many times, plaintiffs and defendants reached a settlement outside of court. This happens because both sides realize they cannot afford to continue fighting each other in front of a jury.

Contact us today to learn more about how long it takes to resolve a personal injury claim.

What Is The Standard Of Proof For Personal Injury Cases?

You must prove negligence and causation to win a San Fransisco personal injury case. Negligence involves proving that someone else caused your injury, while causation requires showing that your injury resulted directly from the defendant’s actions. This is why it is essential to hire a personal injury attorney. They know how to investigate the facts of your accident and determine what evidence is needed to support your claims.

A personal injury lawyer can help guide you through the legal process. He or she will explain the law and advise you on whether you are eligible for financial compensation. If you decide to go forward with litigation, he or she will represent you during depositions and court proceedings.

Medical experts will testify about the nature and severity of your injuries. These doctors will provide expert testimony regarding the cause of your injuries and whether those injuries could have been avoided had the defendant taken certain precautions.

A personal injury attorney helps people injured by another person’s negligence. In addition to helping clients recover damages such as medical bills, lost wages, pain and suffering, and emotional distress, attorneys work to ensure that victims are compensated fairly. Attorneys must understand the law and be able to argue cases effectively in court. They must also be skilled negotiators and problem solvers.

Call An Attorney in San Francisco

At the Law Offices of Phoong Law in San Francisco, California, we have helped thousands of clients obtain justice after being involved in a car accident, motorcycle crash, slip and fall, dog bite, or another personal injury. We are dedicated to providing our clients with the best possible representation and guidance throughout their cases. Contact us today at 866-468-7246 to schedule a free appointment to evaluate your particular case.

This blog post is designed to educate the public on legal matters and provide general information about the law. It should not be construed as legal advice or a legal opinion. You should not rely on this information as a substitute for competent legal counsel from a licensed professional attorney in your state. The statements and views expressed in this post are my own and do not necessarily reflect those of my law firm. By using this site, you understand that there is no attorney-client relationship between you and the site publisher.

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Injury Lawyer, Anh Phoong, Esq.