When a Abogada de lesiones personales determines the value of your claim, they analyze multiple factors. A major factor includes the value of your economic damages. These losses come with documentation, like receipts and invoices, that your lawyer can use. Your lawyer will evaluate other factors when it comes to your pain and suffering when evaluating what you deserve.
If another party’s negligence caused your injury, you have the right to partner with a personal injury attorney. They can calculate your losses and negotiate maximum compensation with the liable insurance company. They can also ensure that you don’t accept an offer that’s too low.
Your Injuries Play a Role in the Value of Your Personal Injury Claim
The more severe your injuries, the more you can recover from the negligent party. That’s because people with more severe injuries will typically require more medical care than those who only suffered cuts and bruises. Some injuries that could significantly add to the value of your claim include traumatic brain injuries, spinal cord trauma, and the loss of a limb.
Fault Also Plays a Role in How Much You Can Recover
California is an at-fault state. Any allegation of fault can affect how much you can recover. For instance, imagine that you suffered injuries in a car accident. An investigation finds that you caused 20 percent of the collision, and your damages cost $100,000. In that scenario, because you caused 20 percent of the accident, you can only recover 80 percent of your damages (in this situation, $80,000).
This is where you could benefit from hiring a personal injury attorney. They can combat unfair allegations of fault and seek fair compensation from the negligent party. Depending on your accident’s details, they can use the police report, eyewitness testimony, and accident reconstruction data to build your case.
Recoverable Damages in Personal Injury Cases
The specific damages you can recover through a personal injury claim or lawsuit depend on your situation. For instance, if you suffered a car accident, you may need compensation for temporary transportation arrangements while your car is being repaired. If you hired someone to supervise your children during your recovery period, those losses are compensable, too.
Other recoverable damages in your case may include:
- Gastos médicos. These expenses can include the ambulance, emergency room, hospital, surgery, doctor, physical therapy, prescription drugs, and other related healthcare costs.
- Lost wages. Your injury may have caused you to lose tips, bonuses, benefits, and other forms of regular income. We can include those losses in your claim’s overall value.
- Pain and suffering. Como señala Cornell Law School defines it, pain and suffering can include “the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury.” These damages are in addition to your medical expenses.
- Other non-economic damages. This category can include other consequences from the accident and injuries, like chronic depression or anxiety, post-traumatic stress disorder (PTSD), and disfigurement from amputations or extensive scars.
To calculate your economic damages, your workers compensation Lawyers will review various documentation. When it comes to your non-economic damages, however, your lawyer will review various aspects of your situation. They may rely on other methods to learn what you need.
Your Financial Recovery Options Depend on Your Situation
You could recover compensation by:
Filing a Third-Party Personal Injury Claim
Let’s say that you get hurt in a car accident that was the other driver’s fault. You will likely make a claim on the other driver’s automobile liability insurance policy. You can only recover your losses under that insurance up to the policy limits, and many people only carry the minimum insurance required by California law.
So, what do you do if the defendant is not insured or does not have enough coverage to pay your losses and damages? The defendant might have a different liability policy, like an “umbrella” liability coverage, which is an optional rider on some homeowner’s policies. Your lawyer can explain your financial recovery options and seek what you need.
Filing a Claim With Your Own Insurance Company
You might have insurance coverage that could help pay some of your losses in a personal injury claim. For example, you might have uninsured or underinsured motorist coverage on your car insurance.
Pursuing damages through a first-party claim isn’t easy, however. Even after maintaining your own insurance policy, the insurer might not play fair when it comes to offering fair compensation. This is yet another reason to consider hiring a personal injury attorney.
Suing the Negligent Party
If recovering compensation through insurance isn’t possible, you could sue the at-fault party in civil court. Unfortunately, some defendants are “judgment-proof,” meaning that they are uninsured and have nominal assets. In that instance, the defendant’s insurance coverage and assets will impact the valuation of your personal injury claim.
The Statute of Limitations Affects Your Right to Compensation
PCCh § 335.1 says that you must file a personal injury lawsuit within two years of the accident or lose the right to hold the at-fault party financially accountable for your damages. Two years might seem like a long time, but after suffering a severe injury, this time can fly by. When you hire a personal injury lawyer, they can adhere to your case’s filing deadline and preserve your right to damages.
Our Law Firm Can Pursue Financial Recovery for Your Injury-Related Losses
After suffering catastrophic injuries because of someone else’s carelessness, you want a law firm that can get personal injury case results like these:
- $16,000,000 for a family who was injured in an auto accident
- $3,000,000 for a semi-truck driver struck by another semi-truck
- $2,500,000 jury verdict for an elderly client who was injured after being left unattended in a wheelchair
Of course, every personal injury claim is different. The amount that you could recover will depend on the unique facts of your case. Our team will uncover the value of your claim and seek what you need.