One of the most common questions the personal injury lawyers at the Vaziri Law Group, APC get asked is: How much is my personal injury claim worth? While this appears to be a simple question, as experienced injury lawyers, we know that the answer to this seemingly simple question can be extremely complicated.
It is important to remember that in a personal injury case, the final settlement amount should reflect not only the money you lost or economic damages you sustained as a result of your injury, but also the non-economic losses you endured such as pain and suffering.
Injury Compensation Calculator
It is important to remember that each personal injury case is unique. When trying to figure out how injury compensation is calculated you should know that it isn't a one-size-fits-all approach. However, there are several factors that could have an impact on the value of your claim. Here are some of those important factors:
Negligence:
If the defendant was negligent, there is a good chance that you can seek and obtain compensation for all your losses. The greater the degree of negligence, the more compensation you are likely to receive.
Extent of your injuries:
The more severe your injuries, the greater the value of your claim could be.
Fault:
Were you partially at fault for the incident? California is a "comparative negligence" state. What that means is you can seek compensation even if you were partially at fault for the incident that caused your injuries.
Economic damages:
These are money damages stemming from your injuries. These include losses such as medical expenses, lost income, loss of earning capacity or lost future earnings, and cost of ongoing treatment and care (future medical expenses).
Negligence: Understanding How It Impacts Your Settlement
Negligence
If your injuries were due to the negligence of another person or business, your chances of being able to obtain compensation for your losses skyrocket.
No Negligence
If your injuries were due to a mistake you made, or were due to circumstances that were no one's fault, there likely will not be anyone you can hold accountable for the losses you've endured.
Negligence is at the core of all personal injury claims. Proving negligence is one of the biggest challenges for plaintiffs in personal injury cases. In order to be successful with your claim, you must prove that the defendant had a duty of care toward you; that he or she violated that duty of care; that you suffered injuries as a result; and that those injuries caused your damages and losses.
For example, if a driver makes an unsafe lane change and causes your accident and injuries, that person can be held liable for your injuries, damages and losses. Sometimes, you may be partially responsible for an accident. In such cases, as mentioned earlier, you may still be able to seek compensation. An experienced Los Angeles personal injury lawyer can help you determine the value of your claim in such circumstances.
Who Should Pay?
In a majority of personal injury cases such as car accidents, insurance companies are the ones who pay the claim. Because insurance companies aim to maximize their profits, they have a vested interest in keeping their payments as low as possible. So, they could attempt to play hardball with you or minimize your compensation.
Insurance companies will pay only what the insurance policy covers, which is known as the policy limits. For example, many drivers don't carry enough liability insurance to cover the entirety of the victim's damages. In such cases, where the driver is underinsured, you may not be able to receive full compensation from the insurance company even if your claim is worth much more than the policy limit.
Our Los Angeles personal injury lawyers can work to determine what other avenues of compensation may be available. For example, if the driver who hit you was on the job at the time, his or her employer may also be held liable for your injuries and damages. In some cases that involve a dangerous roadway, the governmental agency responsible for maintaining that roadway could also be held responsible.
Getting a More Accurate Settlement Estimate
It is important to understand that it may be very difficult to know exactly what your personal injury case is worth. Any lawyer who tells you otherwise is not being honest with you. This is why many online “personal injury settlement” calculators are not often accurate. We encourage you not to rely on them heavily.
If you would like to receive an estimated value of your personal injury claim, your best course of action is to schedule a free consultation with an experienced Los Angeles personal injury lawyer. At the Vaziri Law Group Personal Injury Attorneys, we always offer free, initial consultations and case evaluations. We will provide you with a realistic, honest assessment so you have the information you need to proceed with your claim. Call us today at 877-812-1085 to find out how we can help you. Related Reading: Personal injury lawyers in California Riverside personal injury lawyers Personal injury claim calculator California personal injury statute of limitations