After an accident, it’s understandable to want to know the value of your personal injury claim.
Your serious injuries may require extensive medical treatments and rehabilitation therapy, costing thousands of dollars.
Even minor injuries can derail your life in the short term and cause significant financial stress. It’s crucial to recover the compensation you and your family need to put your experience behind you and move forward.
You may wonder, “How much should I sue for in my personal injury case?”
An attorney can help. Read on to learn more about personal injury claims and common factors affecting typical personal injury settlements.
What is My Personal Injury Claim Worth in California?
In California, a personal injury claim is a type of civil lawsuit.
njured victims usually have many questions about their situation, including, “Is there an average settlement value?” and “How much is my personal injury claim worth?”
Unfortunately, there is no average value for a personal injury case. While personal injury settlement statistics may provide insight into the value of some personal injury cases, each case brings unique facts and circumstances.
However, an experienced attorney can help their client understand a case’s worth by analyzing the following factors commonly impacting how much you can receive for your personal injury settlement.
Severity of Your Injuries
The severity of your injuries is a significant factor in personal injury settlement values. In addition to medical expenses, your attorney also looks at the long-term diagnosis of your injuries and whether you will ever recover. If your injuries result in a permanent disability, scarring, or disfigurement, the emotional toll of these injuries on your psychological well-being also increases the value of your case.
Availability of Insurance Coverage
Negotiating with the at-fault party’s insurance carrier may resolve some personal injury cases. Your attorney determines the total policy limit of the insurance coverage plan and calculates whether the policy adequately covers the value of your losses. If policy coverage limits don’t cover your losses, an experienced personal injury attorney may advise you to file a personal injury lawsuit against the liable party to pursue compensation.
Clear Determination of Liability
A clear determination of liability increases the value of your case. Therefore, establishing liability is vital in obtaining compensation for your injuries. California operates under a pure comparative negligence rule, which allows an injured victim to recover even if they were partially responsible for an accident that resulted in their injuries. Under this rule, an injured victim may recover the value of their compensatory losses less their percentage of responsibility.
Strength of Evidence
The strength of evidence in your favor bolsters the value of your case. Common evidence gathered by your attorney includes the following:
- Photographs,
- Witnesses statements,
- Videos,
- Admissions of fault,
- Accident reports,
- Police reports,
- Medical records, and
- Physical testimony.
Obtaining this information makes it more difficult for the liable party to deflect responsibility for your injuries.
What Can I Recover in Damages?
California permits injured victims to recover compensatory damages through economic and non-economic damages. Economic losses represent calculable losses directly stemming from your injuries, including:
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Documentation detailing these losses helps your attorney calculate these damages accurately and strengthens your demand.
Non-economic damages are subjective losses resulting from your injuries’ emotional and psychological effects. These losses typically include the following:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of consortium, and
- Permanent disfigurement or disability.
Due to their intangible nature, non-economic losses are challenging to prove and recover. A skilled attorney understands how to place a value on these types of losses to help you and your family get the compensation you need and deserve.
Contact Us
At Peerali Law, we specialize in crafting innovative and creative legal solutions for clients in personal injury matters. Our attorneys believe that persistence, passion, and creativity bring outstanding results for our clients. When you walk into our office, you understand our mission is to help good people get the justice they deserve.
We’ve helped injured victims obtain millions in settlements to get back on their feet. Peerali Law understands your hardships and makes it our priority to help you get through this challenging time through superior legal representation and compassion. Contact us today by phone or email for a free case consultation and learn how we can help you!
Kristopher earned his J.D. at the University of Southern California Gould School of Law where he was a member of the Review of Law and Social Justice honors law journal and was awarded several scholastic honors.
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