auto accident lawyers california

30 years’ worth of California personal injury case law was overturned last month in one fell swoop when California Governor Jerry Brown signed A.B. 2159 into law. The bill acts to overturn the rule announced in the 1986 case Rodriguez v. Kline. In that case, a California courts held that the proper way to value the lost wages of an undocumented immigrant injured in the United States involved determining the amount of wages the individual would have earned in his or her country of origin. The Rodriguez decision was also used by undocumented immigrant-defendants to argue that they should only have to pay the amount of compensation the plaintiff would have received in the defendant’s country of origin.

Toward a Simpler, Fairer Calculation of Compensation

Calculating the damages an injury plaintiff suffered in a personal injury accident is complicated enough without considering the country of origin of the plaintiff and/or defendant. In a California personal injury case, the goal of the injured plaintiff and his or her legal team is simple: To obtain a monetary damages award sufficient to fully compensate the plaintiff for the economic and noneconomic losses he or she suffered as a result of the injury incident. In order to make this important calculation, the plaintiff will want to add up his or her expenses (like medical bills, lost wages, prescription drug costs, home healthcare assistance, etc.) and losses (such as mental pain, anguish, and suffering, lost future earnings, etc.).

When assigning an amount to each expense and loss, the plaintiff will generally look to the community in which he or she was injured or the community where he or she will recover and receive treatment, whichever provides the greater compensation. (Of course, if the plaintiff must receive medical treatment in a certain location for some reason, the actual expenses incurred by the plaintiff in that location will be used.) While the plaintiff’s country of origin and immigration status will no longer be relevant factors to consider in California, the judge or jury hearing the case and determining what amount of compensation to award can – and often will – consider the following:

The plaintiff’s age and general state of health prior to the accident (including whether the plaintiff suffered from any preexisting conditions);

The plaintiff’ familial status and responsibilities around the home (damages for the inability to perform house chores may be available, and when they are available a person with a family will usually have more duties – and hence, be able to recover more damages – than a single person with no dependents living on his or her own);

The plaintiff’s education and ability to learn new job skills or cross-train into a different position, as this will affect the amount of “lost future earnings” the plaintiff may receive.

Contact a Riverside Personal Injury Attorney for Assistance

Heiting & Irwin is your Riverside personal injury law firm, dedicated to helping you and your family recover the compensation you need following a serious or catastrophic injury accident. Learn how our professional and dedicated legal team can assist you by calling (951) 682-6400 or by completing and submitting our online contact form today.

Heiting & Irwin
www.HeitingandIrwin.com 
(951) 682-6400
5885 Brockton Avenue
Riverside, CA 92506

‹ Blogs HomeMr. Serrano grew up in British Columbia, Canada and moved to California when he was 20. He graduated with honors from California State University Dominguez Hills, receiving a Bachelor of Arts in Political Science. While an undergraduate student, besides many community, sports, and school activities. Mr. Serrano worked in Washington D.C. as a Congressional Intern for a California Congressman. 

Mr. Serrano was recruited and attended law school on a full scholarship. He received his law degree from the University of La Verne College of Law. While in law school, he was selected to be a member of the moot court honors program and the s