As unfortunate as it is, accidents occur every day throughout the state of California that result in a variety of personal injuries to those involved. Although no two injuries and related circumstances are exactly alike, it’s important to have at least a general understanding of the various California personal injury settlement amounts examples that victims can secure to ensure that their damages are compensated for as they recover from their injuries.
Of course, there is a wide spectrum of possible outcomes that result from any given personal injury case; however, there are still many more common injuries and circumstances that can give you a reference for what to expect should you ever experience a personal injury in California due to the negligence of another party.
Regardless of the severity of your injury, if you have sustained damages due to the fault of another party, then it is always highly recommended that you seek trusted legal representation from an established personal injury attorney in order to ensure that your rights are upheld and that you receive the full compensation that you deserve to cover your damages.
What Factors Influence How a Personal Injury Settlement Is Calculated in California?
Some factors that influence how a personal injury settlement is calculated in California include insurance, severity, medical expenses, legal fees, lost income, and pain and suffering damages. Before we walk through some common examples of personal injury settlement amounts, it’s important to understand how these settlements are calculated and what specific elements are taken into account when determining what a fair settlement is.
Here are some of the prominent factors that ultimately influence the total value of a personal injury settlement in California:
- Insurance: The total coverage of the at-fault party’s car insurance policy
- Severity of the Injuries Sustained: Most personal injuries are placed into one of three different tiers in terms of their overall severity.
- Tier 1: The most severe tier. This includes traumatic brain and spinal cord injuries, permanent disfigurement or scarring, and wrongful death.
- Tier 2: Includes most injuries that require moderate surgical intervention, such as broken or fractured bones and complex lacerations.
- Tier 3: Includes more mild-moderate injuries that do not typically require surgical intervention, such as contusions, strains, and sprains.
- Medical Expenses: All medical bills incurred as a direct result of the incident, which includes any potential expenses for ongoing or future medical treatments.
- Legal Fees: Attorney expenses, court fees, filing fees, and more can all add up to have a substantial impact on the total cost of your personal injury case.
- Lost Income: Your age, current income and total earnings, lost wages as a result of the incident, and future income potential are all factors in determining the overall value of damages sustained.
- Pain & Suffering: Emotional trauma, as well as the mental and physical aspects of your daily life that have been impacted due to the injuries sustained from the incident, can also be factored into the total financial value of the sustained damages.
All of the above elements can carry substantial weight in determining the overall financial value of the damages resulting from your injuries, and none should be ignored. Consulting with an experienced personal injury lawyer is crucial in ensuring that you receive the full compensation for your damages.
California Personal Injury Settlement Amount Examples
Each and every personal injury case is unique and thus requires close attention in order to accurately evaluate the fair value of compensation owed to the victim. However, there are certain types of injuries that are more common and are able to give us a better idea of what to expect under generally typical circumstances.
Here are the average settlement amounts for some of the more common types of personal injury claims in California:
- Workers’ Compensation: $5,000 – $20,000
- Car Accident: $20,000 – $30,000
- Motorcycle Accident: $50,000 -$150,000
- Pedestrian Accident: $40,000 – $100,000
- Commercial Truck Accident: $50,000 – $150,000
- Dog Bite: $30,000 – $100,000
- Slip & Fall: $15,000 – $50,000
The above settlement ranges listed above are based on the average amount for personal injuries of moderate severity. That context certainly is important, since the range of potential settlement amounts can range anywhere from a few thousand dollars for more mild damages or up to multiple millions of dollars for damages classified as severe. When accounting for all different types and causes of personal injury claims in California, the average settlement amount is anywhere between $21,000 – $26,000.
Regardless of the type of injury, the cause, or the overall severity of damages, it’s paramount that you consult with a reputable personal injury lawyer to ensure that you receive fair and accurate compensation.
FAQs
Q: How Is Pain and Suffering Calculated in California?
A: In California, there are two general ways that pain and suffering is typically calculated: The Multiplier Formula and the Per Diem Method. The Multiplier Formula adds up all of the economic costs related to the victim’s injuries, such as medical expenses, lost wages, etc., and multiplies the total costs by a determined multiplier ranging from 1.5x to 5x, depending on the severity.
The Per Diem Method assigns a specific dollar amount to every day that the victim experiences pain and suffering as a result of their sustained injuries and then multiplies that daily rate by the exact number of days that they expect to continue suffering.
Q: How Much Money Should I Ask for in a Personal Injury Settlement?
A: In general, you should not seek a specific dollar amount in your personal injury settlement but rather seek compensation to the fullest extent needed to cover all of your injury-related costs, such as medical expenses, lost income, legal fees, property damage, pain & suffering, etc. Each case is unique, so there is no predetermined amount or one-size-fits-all approach that accurately suffices.
Q: What Is a Typical Settlement Amount of Pain and Suffering in California?
A: California has no limit to the amount that you can claim in pain and suffering damages, except for medical malpractice cases, for which there is a $250,000 limit. However, there are so many elements that ultimately factor into calculating an accurate value of pain and suffering, including the overall severity of the physical, mental, and emotional injuries sustained by the victim, in addition to the total length of time the victim requires treatment.
Q: How Do You Calculate the Personal Injury Settlement Amount in California?
A: In the state of California, there are many prevalent elements that ultimately factor into calculating the total personal injury settlement amount. Accrued medical expenses, property damages, lost income, legal expenses, insurance coverage, and pain & suffering are just some of the more commonly used elements to calculate a fair settlement amount.
Consulting With a Reputable Law Firm for Your Personal Injury Case
Whether you have experienced a serious auto accident, slip & fall, or been injured at your workplace due to the fault of another party, you do not have to go through this alone.
At Easton & Easton, we are a family of dedicated attorneys who exclusively represent personal injury victims. Our firm understands the overwhelming nature that victims experience after sustaining an injury and focuses on delivering a high standard of legal care so that you can recover with peace of mind, knowing that your rights to securing fair compensation are in good hands.
Contact us so that we can begin evaluating your injury claim and building a strong case for you.
ES