UPDATED ON June 12th, 2024
Every year, around 2 million drivers in the United States suffer permanent injuries as a result of their accidents. The price of recovery often far exceeds what the at-fault party’s insurance will agree to cover.
When a claim is disputed, it can be challenging to establish what is considered fair compensation for a California personal injury accident. When working with an experienced personal injury attorney, the following factors will be considered to determine the most appropriate value for a case.
Establishing Fair Compensation in a Personal Injury Case
Ensure the Personal Injury Claim Is Valid
There are a couple of actions that can be taken to recover damages. The first is to file a personal injury claim with the other party’s insurance company. If a fair settlement cannot be reached, then a lawsuit may be filed.
When it comes to determining a fair amount, the personal injury claim process will vary based on the circumstances. Ultimately, cases are intended to obtain compensation from the at-fault party, accounting for the losses the victim suffered.
For example, in a car accident case, the injured victim may be compensated for medical bills, lost wages while healing, and property damage.
Most personal injury cases warrant a claim if the injury resulted from another party’s negligence. However, personal injury cases may be jeopardized if the plaintiff also shares fault. A personal injury lawyer can address these details and confirm whether or not a claim is valid.
Calculate ALL Damages of a Personal Injury Claim
Most insurance policies cover property and collision damage, bodily injury liability, and medical costs. However, insurance does not always account for pain and suffering, permanent disabilities, or lost wages.
This is why working with a personal injury lawyer is so vital. A dedicated attorney and legal team will ensure that all losses that resulted due to the injury are calculated and negotiated.
It’s important for anyone pursuing compensation for a personal injury claim to understand the true value of your case. This should account for economic damages and non-economic damages.
Economic Damages
These are the concrete financial losses suffered due to the personal injury accident. They are typically simpler to establish, as they can be proven with invoices and receipts. Common examples include medical bills, lost wages, and other out-of-pocket expenses like vehicle repairs.
Non-economic Damages
These are intangible losses for pain and suffering, emotional distress, or loss of enjoyment of life. Because they are subjective, valuing non-economic losses is more challenging.
The amount of personal injury compensation owed in a case will depend on multiple factors, such as:
- Medical expenses related to your injuries
- Lost wages due to an inability to work following an accident
- Pain and suffering brought on by the accident (mental or physical)
- Permanent disabilities sustained
- Property damage due to the accident
Establish Fault
California is an at-fault state, meaning that when accidents occur, all responsible parties are held liable, including the victim filing the claim. This is also known as a tort system.
Under this system, in order to get compensated for injuries, the victim must prove the other defendant was negligent (acted unreasonably) and caused the personal injury accident.
Additionally, the state follows “pure comparative negligence” rules, so if a case goes to trial, the judge or jury will assign a percentage of fault to each involved party who caused the accident. This judgment determines how much personal injury compensation will be awarded.
For instance, if damages totaled $10,000 but the plaintiff is found 10% at fault, only 90% of damages, or $9,000, will be awarded.
Meets the Statute of Limitations
California personal injury laws provide a two-year statute of limitations for filing a lawsuit. This means that for a San Jose accident, the victim will have two years from the date of the injury to initiate legal action.
However, it is highly recommended that you consult with an attorney and file your claim as soon as possible, as some stipulations reduce the filing time to just six months. If the deadline is missed, the right to file a lawsuit will be lost.
Other benefits of seeking early legal help before the statute of limitations expires include the gathering and preserving of crucial evidence, such as witness statements, accident scene photographs, or medical records. Over time, evidence can become lost or difficult to locate.
However, a prompt investigation allows for a more thorough understanding of the accident and injuries, leading to a stronger personal injury claim.
Establishing Quantifiable Damages
In California, personal injury compensation is calculated based on the various factors mentioned earlier. The total cost of medical expenses accounts for most of the awarded compensation.
A judge may also use a multiplier system that considers the severity of injuries and other factors by multiplying 1.5 to 5 times the established economic damages. This system is often used when there is no documentation to use as evidence in a case, such as for non-economic damages.
In other cases involving intentional misconduct or recklessness that disregards the safety of others, punitive damages could be recoverable.
Punitive damages are distinct from other damages, which aim to compensate for financial losses and pain and suffering. Instead, punitive damages are intended to punish the defendant for egregious conduct and deter similar behavior in the future.
If the circumstances of a personal injury claim warrant pursuing punitive damages, a San Jose attorney can advise the legal considerations and potential strategies to take.
Factors to Consider Before Accepting
It isn’t enough for insurance to offer personal injury compensation for injuries and trauma. They need to take into account the specific nature of the damages, as well as the potential aftermath.
Medical bills and out-of-pocket expenses will need to be covered, and that amount should be reimbursed in the final settlement.
The settlement may also include all future healthcare expenses stemming from the accident. The same goes for auto repairs that were paid before receiving the settlement.
If the initial settlement offer is insufficient, negotiations can take place during the personal injury claim process. An attorney can renegotiate a new settlement or pursue a lawsuit.
Valley Accident Attorneys Can Help with the Claim Process
Recovering a full and fair settlement after an accident should account for all sustained losses, including financial damages and pain and suffering. However, pursuing fair compensation can be difficult without the help of professional legal services.
Valley Accident Attorneys is ready to fight for your legal rights, providing our award-winning services throughout the claim process. If you were injured in an accident, speak to a personal injury lawyer today.
We offer a free 1-on-1 case evaluation. Contact us to learn more.
