After a personal injury accident, you may have suffered pain, damages, emotional trauma, and particular injuries that entitle you to compensation. Each person's injury case is different with specific details that have affected you versus the details that may have affected others in their cases.
One of the easiest ways to understand how much your personal injury case is worth, is by finding the average value of personal injury settlements in Los Angeles. While similar factors may play into any case, the varied details make calculating personal injury claims an imprecise science.
How much can I get for my personal injury case in Los Angeles?
There is simply no way to calculate how much your specific injury case is worth without understanding each detail of your claim. You may think incidents like slipping and falling or a car accident can be inconsequential but when caused by another person's carelessness, or when an action can cause severe issues to your body or emotional state, you deserve fair compensation. You would especially merit reimbursement for expenses like medical bills and other losses, such as missed days at work.
Each state has specific laws about how to calculate the value of a personal injury claim. California has certain rules that dictate particular how much money you may receive for your personal injury claim. If you have suffered any kind of harm, you have two years from the date of the injury to go to court and to file a lawsuit against those who may be at fault for the incident.
But if the claim is against a city, county, or a California state government agency, you only have a time limit of six months to file a claim from the date the incident occurred.
A Cap on Personal Injury Claims in Los Angeles?
Los Angeles and California have a maximum limit on the amount of compensation a person can receive for non-economic damages, like pain and suffering, in relation to medical malpractice cases or cases of professional negligence. Practically any type of injury caused by another person or entity, such as a government or business, can be used as the basis for a personal injury claim.
In California, the cap on non-economic damages is $250,000. This is money you can receive after considering any economic damages, which could include but are not limited to things like:
- Medical treatments
- Doctor visits
- Hospital stays
- Prescription medication
- Rehabilitative therapies
- Property repair
- Property replacement
- Lost wages
- Lost future earnings
Non-economic damages are items that are hard to place a specific value on. They can include but are not limited to things like:
- Loss of an organ or limb
- Loss of hobbies
- Emotional distress
The purpose of non-economic damages is meant to put a dollar amount on pain and suffering that can help ease some of the difficulty associated with an injury, whether physical or emotional. When injured in a car accident, certain drivers may also not be entitled to damages, such as if you are:
- Convicted of a DUI
- An uninsured vehicle owner
- An uninsured driver
Factors that may influence the value of your personal injury case
Pain and suffering is difficult to prove and highly subjective. By taking certain steps after an incident, you can make it easier to recover compensation for non-economic damages. An experienced personal injury attorney understands and is well-versed in the process for proving pain and suffering after an accident. Several objective ways to prove pain and suffering include:
- Medical records
- Photographs of property damage
- Photographs of physical injuries
- Before and after videos or photographs
- Evidence of lost work
The average settlement amount for a personal injury case in California is difficult to gauge but for car accidents, the average amount for a settlement is around $21,000. However, when considering your case, there are many possibilities that must be determined. An experienced Los Angeles personal injury attorney can help you understand the factors in place that could influence the value of your personal injury case.
Some of the factors that may affect your case include but are not limited to:
- The extent of your injuries
- Required medical care
- Lost wages
- Lost ability to work
- Pain and suffering
With a combination of these factors and the assessments of your pain and suffering an accident may have caused, you could be owed compensation far above or below the average settlement amount. The most important issue is that you receive fair and full justice for any damages and losses you experienced.
Insurance companies don't want to pay
One thing to remember is that insurance companies don't want to pay you what your case may be worth. They prefer to undervalue intangible damages to keep costs down. If you were involved in a personal injury, such as a car crash or slipping in falling in a store or restaurant, the injuries, pain and suffering you experience deserve compensation.
Insurance companies are notorious for protecting their value and their overall profits. By undervaluing non-economic damages, they can keep more money for themselves. If you or a loved one have been injured, you need a skilled personal injury attorney who can help get you the compensation you deserve for the economic and non-economic damages you experienced.
If you need help filing a claim, understanding California law, or simply need more information about how to handle your personal injury, contact I.Donald Weissmantoday.