If you or a loved one was hurt by the actions of another party in California, it is likely grounds for you to file a personal injury case, but how are personal injury settlements paid out in California? Success with your case can mean recovering compensation for your losses, but it is important to understand what you can expect in terms of actually collecting compensation from the defendant who injured you.
How Are Personal Injury Settlements Paid Out in California?
When you win a personal injury case, the defendant must repay you for the damages they caused. Insurance can come into play in some of these cases, such as after a motor vehicle accident. When insurance resolves a personal injury, the insurance carrier sends a settlement check to the plaintiff once they accept their offer, so this will be resolved with a lump sum. However, further legal recourse is necessary for some personal injury cases.
It’s possible for an injured plaintiff to file a personal injury suit to seek compensation for various economic and non-economic damages they suffered because of a defendant’s actions, but when it comes to actually receiving compensation, it generally occurs in one of two ways.
Personal injury settlements in California can be paid out in a lump sum or through a structured settlement. With a lump sum, the defendant pays the entire amount of the plaintiff’s owed damages in a single payment. With a structured settlement agreement, the defendant pays over time in increments, usually monthly, until they have paid the full amount owed to the plaintiff.
There are potential benefits and drawbacks to either option. Some defendants may not be able to afford large lump sums and may need to set up a structured settlement agreement. Your personal injury lawyer in California can explain what to expect with your case and help you maximize your recovery. They should also explain their billing policy so you will know what to expect when it comes to the cost of hiring legal representation.
Claiming Compensation for a Personal Injury in California
The objective of a personal injury case in California is for the injured plaintiff to prove liability for the damages they suffered and to hold the defendant accountable for these damages. The plaintiff has the right to seek compensation they need to be as whole as possible again, and this will usually involve both economic and non-economic damages.
Economic damages are generally straightforward. The defendant is liable for any direct financial losses they inflicted on the plaintiff. These may include property damage, medical expenses, and lost wages if the plaintiff has been unable to work due to their injury. Additionally, the plaintiff also has the right to seek compensation for ongoing medical treatment costs and/or lost future earning capacity if their injury caused any long-term harm.
Non-economic damages include physical pain, emotional distress, and psychological trauma caused by a defendant’s actions. It may seem difficult to assign a monetary value to these losses, but your attorney can help. An experienced personal injury lawyer knows how to maximize their client’s pain and suffering compensation to reflect the severity of their experience.
Easton & Easton can help you resolve your personal injury case efficiently, and we know how to maximize our client’s recovery. You have a short time to build and file your personal injury case, so it is important that you reach out to our team right away after another party has injured you or a loved one.
FAQs
Q: What Is a Personal Injury Case Worth in California?
A: The value of a personal injury case in California depends on the scope and severity of the plaintiff’s damages. It’s possible for an injured plaintiff to recover compensation for any economic and non-economic damages they suffered because of a defendant’s negligence or misconduct. Your attorney can estimate the total value of your case.
Q: How Is Pain and Suffering Calculated in a California Personal Injury Case?
A: In a California personal injury case, pain and suffering compensation is calculated based on the overall severity of the plaintiff’s injuries. Generally, the more serious the injury is, the more pain and suffering compensation the plaintiff is likely to obtain if they win their case. You have the right to seek compensation that reflects the physical pain and psychological distress you suffered because of the defendant’s negligence or misconduct.
Q: Will I Win More Compensation if I Hire a Lawyer?
A: You are likely to win more compensation if you hire a lawyer than you would be likely to obtain on your own. Even if fault for your personal injury seems perfectly clear, it is possible to encounter many complications or to unintentionally accept a lower settlement than you legally deserve if you do not have legal representation on your side.
Q: What Happens if I Share Fault for My Personal Injury?
A: If you share fault for your personal injury, California’s pure comparative negligence law applies to your case. You will have a fault percentage assigned, and then, if your case is resolved in court, you will have this percentage taken from your case award to reflect your shared liability. If you are concerned that you bear partial responsibility for your personal injury, it is crucial to consult an experienced attorney as quickly as possible.
Q: What Does It Cost to Hire a California Personal Injury Lawyer?
A: The cost of hiring a California personal injury lawyer depends on the total value of your case if you choose Easton & Easton to represent you. We take personal injury cases on contingency, meaning our firm only charges you a fee if and when we win your case. If we are unable to obtain compensation for you for any reason, there is no fee at all, so there is no financial risk in hiring our firm to represent you.
The attorneys at Easton & Easton can provide the guidance and support you need in the aftermath of a personal injury. It’s natural to have concerns about how you can collect compensation for your damages and what to expect from your personal injury case, and we are ready to help you approach this difficult situation with confidence. Contact us today to schedule a free consultation and learn how we can help.
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