Maison Law advocates for victims seeking a fair settlement for personal injuries in California. Being awarded a good settlement requires the factual and legal understanding of your case by an attorney with extensive experience in personal injury law. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer to Settle My Personal Injury Case in California?
Not all personal injuries require an attorney. You may not require an attorney if you’ve only sustained minor bumps and bruises with minimal property damage. However, if you’ve suffered significant injuries that have:
- Caused you to miss work
- Required hospitalization, medical treatment, or surgery
- Left you unable to do basic tasks, or live your daily life without physical pain
It is recommended to consult with a reputable accident attorney to discuss your legal options. Attorneys will help you manage your case against the liable party’s insurance, gather evidence, and increase your settlement value. It is important to note that 95% of all personal injury claims or lawsuits are resolved by a settlement prior to trial. This is due to the risk and cost associated with going to trial.
What Influences Settlement Value?
You may consider filing a personal injury claim if you’ve been injured due to someone’s reckless behavior or a hazardous condition. Your primary concern will most likely be how much will you be able to recover for the damages you’ve had to endure. There are several factors that may influence the value of your settlement. The following factors will play a large role in determining the value of your settlement:
- Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
- Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
- Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
- Contributory negligence: California is a pure comparative negligence state, meaning both the plaintiff and defendant can be found at fault. If you’re found at partial fault, then your settlement will be reduced accordingly.
- Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
- Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
- Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
- Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
- The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.
How Can I Increase My Settlement Amount After a Personal Injury Accident in California?
After your personal injury, you may wonder how you can increase your settlement amount. While it is your lawyer’s responsibility to handle the legalities of your case, you can also help build your case by:
- Seeking medical treatment: Nothing is more important than your health. After receiving treatment, it is recommended to:
- Reporting the injury: If you were injured on someone else’s property, it is important to report the injury. Don’t be surprised if they take your written statement, photograph your injuries, and review the video surveillance evidence to make sure your statement adds up.
- Gathering evidence: take your own photos of the scene and get witness statements, as well as their information. Businesses will typically remove hazardous conditions very quickly, so it is important for you to capture the dangerous environment while it is still there. This will strengthen your case and make it difficult for the liable party to deny your claim.
- Following up on your injuries with a doctor: Anything you’ve sustained from your slip-and-fall accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Maison Law: protect your legal right to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your options and get you the compensation you need to make a full recovery.
Contact a Personal Injury Lawyer in California
If you or a loved one have been involved in a personal injury accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understands how to exercise every avenue of the law to aggressively pursue the liable party for the full extent of your medical damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.
