How Much Money Should I Ask For in a Personal Injury Settlement in California

Maison Law represents accident victims in California. If you or a loved one have been injured due to the carelessness of a person, or business, the accident attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.

What is Your Case Worth?

When a lawsuit is filed by an attorney on behalf of the plaintiff in a personal injury case, a settlement may be offered at any time. In fact, nearly 95% of civil cases are resolved through settlement deals, rather than with a jury verdict in a trial. So, a settlement is the likely outcome.

Before you decide whether or not to settle your personal injury case, you need to understand how much your lawsuit is worth. However, the outcomes of every case vary widely. It is recommended to speak to a reputable attorney to fully comprehend the value of your case. Remember, settlements reached with an attorney tend to be higher than those without one.

With an attorney on your side, they can send a demand letter to the insurance company, requesting compensation for your actual losses, which include:

• Medical bills
• Property damage
• Pharmaceuticals, wheelchairs, crutches, or whatever else is needed to help you live with your injury
• Lost wages

These losses will go toward your settlement amount, as well as non-economic damages such as:

• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident
• Your mental state after a life-changing accident
• Loss of consortium (to be filed by your spouse or immediate family member due to loss of love or companionship)

In addition to non-economic losses, plaintiffs are eligible  to request more money for their non-economic damages if they:

• Had a long recovery period
• Required invasive medical treatment, or medical treatments that were ongoing
• Were particularly painful injuries
• Had obvious physical signs of the injury like scars, or loss of a limb
• Contained severe injuries that resulted in permanent physical alterations or disability

An experienced personal injury attorney will be able to work alongside you to break down the details of your case and give you an accurate estimate of what your case is worth.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects

It is important to work with your attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

What NOT to Do For a Successful Personal Injury Settlement

Personal injury lawsuits will require you to provide lots of information. Whether it is through depositions, interrogatories, or in a courtroom, you will be recounting details of your incident under oath. So, it is important to know what you should not do leading up to these events and during them. In a personal injury case, you should not:

• Admit fault: avoid statements that can be construed as admitting fault.
• Neglect medical attention: Insurance companies will use delayed medical attention against you, saying your injuries were not that severe.
• Discuss the case on social media: you should keep your case private. The defense may use your posts against you and challenge the severity of the injury based on things you’ve said online.
• Settle too quick: it is recommended to avoid rushing into a settlement without fully understanding the long-term impact of your injuries. Quick settlements often do not consider future medical treatments or permanent damage.
• Surrender information or recorded statements without legal advice: you should always be wary of giving out recorded statements without an attorney present. These are often used to trick you into taking blame for your injuries.
• Misrepresenting your injuries: Honesty is crucial in personal injury cases and any inconsistencies may harm your credibility and settlement prospects.
• Ignoring insurance policy details: understanding the liable party’s insurance party is an important part of setting accurate expectations for your settlement. Ignoring the insurance policy can cause you to misconstrue the value of your case.

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.