Have You Asks Yourself about the Average Personal Injury Settlements in California?…
You may find yourself with an overwhelming amount of medical bills and property damage invoices after being injured in an accident. You may be tempted to file a claim for personal injury and seek a settlement from the party responsible. What is the average personal injury settlement? California personal injury settlements vary depending on a variety of factors. Learn more about California’s personal injury settlements, and how an attorney can assist you.
How Much Are Average Personal Injury Settlements in California?
California law allows people who have been injured by another’s wrongful act to receive compensation. The average amount of compensation for personal injury claims filed in California may interest injured parties. There is no such thing as an average settlement for personal injury claims. The amount of compensation that an injured person can receive depends on the facts and circumstances surrounding their case. Your personal injury lawyer can estimate the value of your case as they gather evidence to support your compensation claims.
Factors Affecting the Value of Personal Injury Claims
California personal injury claims are affected by a variety of factors. These factors can increase or decrease personal injury claim values. Your personal injury lawyer will evaluate these factors and let you know how they affect your case.
The Severity of Injuries
In California, accidents that result in severe injuries usually lead to larger settlements. Personal injury claims are more valuable if the victim has suffered a broken bone, spinal injuries or a traumatic brain injury. Serious injuries can cause victims to have long-term health issues. Many people who suffer from severe injuries are unable to return to work.
Medical Treatment and Recovery
Medical costs and the value of personal injury claims and settlements increase when injuries caused by personal injury accidents are treated in hospitals and by doctors. A person suffering from a traumatic accident may need the support of neurologists or physical therapists for a long time.
Personal injury settlements in California and claims are also heavily influenced by the length and prognosis of recovery. Multiple medical appointments, evaluations and prescriptions are required for a longer recovery. A longer recovery period with a poor prognosis will increase the value of California settlements for personal injuries.
Personal injury settlements are increased in California if the injured person’s ability to resume normal activities, such as work, is significantly affected. Some injuries can make it difficult to walk, or even stand. Many injuries also prevent people from working the same job as before and force them into finding other employment.
The value of a personal injury claim is largely determined by the level of fault assigned to the parties in an accident. Your personal injury lawyer will work to gather the evidence necessary to support a party’s responsibility in a personal injuries claim.
California is a state that operates on the basis of comparative negligence. A party can recover damages if a court finds them partially responsible for an accident. This means the compensation awarded might reduced based on the extent of their fault. California operates this way. Therefore, it’s important to enlist a lawyer who can assist in reducing your liability. The less blame you carry, the higher your compensation.
Emotional and mental trauma
Injury sustained in an accident involving personal injury is not always just physical. After an accident, emotional distress is often experienced in the form of depression and anxiety. A personal injury lawyer is needed to prove emotional distress. In California, the testimony of reputable mental experts and doctors may help maximize settlements for personal injuries.
How Can You Maximize Your California Personal Injury Settlements?
If you retain a personal injury lawyer to help guide you through the personal injury claim process, it is likely that the settlement amount will increase. You can strengthen your claim by taking the following steps.
Collecting and Retaining Evidence
You must preserve all evidence relating to your personal injury case. Proving your damages with tangible evidence is one of the best ways for California personal injury settlements to be maximized.
- Reports of police officers
- Medical Evidence
- Witness Statements
- Contact details of the parties involved
Your attorney uses this evidence to help build a stronger case for you, providing a clearer understanding of the value of your claim.
Seek Medical Treatment
You should seek medical attention immediately after your accident, even if you do not think you need it. A medical exam is necessary to detect many injuries that may have occurred after an accident. It is important to get a thorough evaluation. Some injuries that seem minor may need long-term medical care. If you try to settle a personal injury claim before your condition has resolved, the settlement may not be adequate.
Never accept the first offer, even if you are in extreme pain or financial distress after an accident. It may be tempting for you to solve your financial problems, but it is best to wait until an attorney can give you a better idea of the value of your claim.
After an accident, act quickly. In California, the statute of limitation for personal injury claims is two years after the date of accident. Evidence becomes harder to locate and memories fade as time goes on. Your attorney will be able to begin building a strong case for you the sooner you contact a personal injury lawyer.
What Damages Can I Recover?
You can recover punitive and compensatory damages in California for your losses. Compensatory damages can include economic and noneconomic damages. Punitive damages can be awarded in limited circumstances and are less common.
A Economic Damages
Economic damages compensate a party injured for their financial losses. Economic damages can include:
- Medical expenses – past and future
- Lost wages in the past and future
- Damage to property
The evidence that supports these losses, such as invoices, receipts, and medical bills, is tangible and calculable. Keep all documents related to the injury you sustained in order to support your request for economic damages.
Non-economic losses are intangible, subjective and vary by person. These damages can include:
- Emotional distress,
- The pain and suffering of a person.
- Loss of social interaction and companionship
- Loss of Consortium
California does not cap non-economic damages for personal injuries unrelated to cases of medical malpractice. The non-economic damages awarded in medical malpractice cases is capped at $250,000.
Punitive damages are intended to punish a defendant for their reckless and egregious conduct. The court will award punitive damages in addition to compensatory damages, which increases the value of such personal injury claims.
Tenina Law has a team of personal injury lawyers who help accident victims receive fair compensation, and is very knowledgeable about Personal Injury Settlements in California. We fight to get them the maximum award for you.