Personal Injury Compensation: How Much Is My Case Worth?
An accident can turn your life upside down. If you happen to get into a particularly serious mishap, you might suffer physically and financially crippling consequences. Thankfully, you can seek financial compensation for injuries and property damages. This way, you will not have to face these expenses on your own. But, how to know the amount of compensation for personal injury cases? To avoid being left empty-handed, knowing the fundamentals of personal injury compensation is important.
What is Personal Injury and How to Get Compensation
Personal injury claims can be filed by someone who suffers from an injury or property damage due to someone else’s neglect or carelessness. The victim has the right to pursue monetary compensation, with financial, physical, or psychological harm serving as evidence.
Accidents involving negligence or breach of duty are subject to a personal injury lawsuit. Victims can file for a claim, the value of which depends on the severity of damages.
The compensation amount varies based on the fault percentage of both parties involved. Since California is not a no-fault state, those responsible for the accident are responsible for paying for damages.
Types of Personal Injury Cases and Compensation
Various situations necessitate filing a personal injury claim. Below are the most common kinds of personal injury cases and what kind of compensation you can expect from them.
Accidents occur when property owners fail to maintain the safety and security of their residences or commercial space. Most premises liability cases end up with settlements, with the amount of the claim relying on the visitor’s legal status, among other factors.
In some cases where the property owner has not provided a reasonable warning to prevent injury, they can be held liable for physical and economic damages. But if the victim was an intruder or was at the property without permission, the owners may not be legally responsible for paying damages.
Driving under the influence, speeding, or driving during bad weather can lead to vehicular accidents. The cost of a car accident personal injury claim depends on how much the at-fault driver’s liability insurance covers.
The compensation may pay for lost wages, medical treatments, and car repairs, among other things. To receive compensation, the victim should provide strong evidence demonstrating the other party’s negligence.
Meanwhile, settling the case allows both individuals to resolve the issue sooner without undergoing a lengthy court hearing. In the latter situation, the amount varies depending on the terms and conditions discussed by both parties.
Dog owners are responsible for compensating the victims of dog bite incidents, especially if their dog has a history of biting other people.
Pet owners are responsible for disclosing how dangerous their dogs can be around other humans and taking the necessary precautions to ensure they don’t harm anyone.
Depending on the dog’s aggressiveness and severity of injuries, a settlement may be discussed between the at-fault party and the victim to cover medical treatment, lost wages, and more.
High-risk occupations and negligence at work can lead to fatal injuries or permanent disabilities. Employees may suffer from work-related injuries such as total paralysis, loss of sight, amputation, and severe skin burns, among other issues.
Under California law, all medical expenses and lost wages are covered by the injured worker’s permanent total or partial disability benefits.
Factors that Affect the Value of a Personal Injury Claim
The amount of compensation received from a personal injury claim depends on several factors.
It’s possible to get a rough estimate of how much compensation to expect by calculating the settlement value of a case using several factors.
Below are some of the things to consider before filing a personal injury claim:
When Did the Accident Occur?
In California, most personal injury claims must be brought within two (2) years from the date of the injury. Otherwise, the victim loses the right to bring a lawsuit. But the statute of limitations varies based on the nature of the case.
For example, property damage and trespassing cases have a 3-year limitations period, while defamation, medical malpractice, and asbestos exposure all have 1-year limitations periods. It’s important to note when the accident occurred to file a claim before the statute of limitations expires.
How Did the Accident Happen?
Knowing the exact details of how the accident happened helps a personal injury lawyer build a solid case. For instance, a negligence case operates on the grounds of causation, the severity of damages, and legal duty of care.
The victim must show that the responsible party failed to act like a reasonable person. Figuring out the details of how the accident happened means that the injured party can identify how the other person’s conduct failed to meet an applicable standard of care.
Who are the At-Fault Parties?
Some accidents happen in a straightforward manner where one party is clearly at fault. However, there are instances where it isn’t clear who’s accountable or both parties are responsible.
Since California is a not no-fault state, it’s important to know who is guilty and how much of the injury they’re responsible for. This is because California uses pure comparative negligence for car accidents, which means parties share the responsibility. Even those who are partially at fault for the accident may receive damages.
How Bad are the Injuries?
One of the most important factors in calculating the settlement value of a case is taking into account the severity of the injuries and how much money was spent treating them, including medications, doctor’s appointments, and other healthcare services.
In severe cases such as lifelong suffering and permanent disabilities, the multiplier for economic and non-economic damages is much higher.
How Much Insurance is Involved?
Determining the amount of insurance involved depends on the economic and non-economic damages.
When estimating how much an injury claim is worth, personal injury attorneys and insurance providers will use a damage formula to determine the claimant’s total damages and losses. These formulas aren’t set in stone and vary per individual case.
Furthermore, the types of insurance companies representing the parties will affect the compensation value. It is a complex analysis that’s best determined after a thorough analysis of the case by an experienced attorney.
Why Choose Adamson Ahdoot?
Let our experienced attorneys offer reliable legal representation to assist you with your personal injury case. We have handled almost every kind of personal injury case under the sun, from car accidents to dog bite incidents and more.
At Adamson Ahdoot, we understand your needs and can help guide you through an otherwise confusing and intimidating legal process. With more than 100 years of combined legal experience, we are a full-service civil litigation firm that serves diverse clients with personal injury cases.
Since we prioritize putting people first, our team will handle your case with the utmost care and compassion. Adamson Ahdoot is a boutique firm with the outstanding expertise of a larger firm.
Talk to a Personal Injury Attorney in California
Seek the compensation you deserve with a professional personal injury attorney. At Adamson Ahdoot, we’ll work with you to tackle your case’s specifics and come up with the best solution.
Hire a licensed personal injury attorney at Adamson Ahdoot today. Our consultations come at no cost and are available in English and Spanish. Call us at (800) 310-1606 today to schedule your FREE consultation with a premier injury attorney.