Personal injuries happen in innumerable ways throughout California every day. These incidents often leave victims wondering how they can recover, how much they can recover from those responsible for causing their injuries, and whether they need legal representation. A personal injury claim is typically the best way to recover compensation for damages caused by another party. California upholds several personal injury statutes aimed at helping injured plaintiffs secure appropriate compensation for their losses.
If you or a loved one are struggling after another party has injured you, it is natural to wonder whether you can hold the at-fault party accountable for the damage they’ve done. Depending on how the injury happened, the victim could have the ability to file an insurance claim of some kind before proceeding with their personal injury action. Both options could be essential for ensuring complete recovery. One of the most common questions plaintiffs in personal injury cases have about their situations is how much their claims are potentially worth if they win.
Claimable Damages in California Personal Injury Cases
California’s personal injury statutes enable plaintiffs to recover repayment of all the financial losses sustained due to the misconduct or negligence of others. Regardless of whether the defendant in a personal injury case caused the damages in question through general negligence, disregard for the safety of others, or intentional misconduct, the victim can hold them accountable for all economic damages they caused.
Most plaintiffs in a personal injury claim seek compensation for their medical expenses, property damage, and lost income resulting from their experience. It’s important for them to remember they can not only seek compensation for the damages they have already suffered due to the actions of others but also the future damages they are likely to incur. For example, if your personal injury was catastrophic in nature and you are left permanently disabled, you could seek compensation. You could be entitled to the immediate medical treatment costs you will face after the accident in question and those you are likely to face in the future for managing symptoms and rehabilitation.
Outside of economic losses that can be proven with the right documentation, plaintiffs may also recover compensation for the pain and suffering they have experienced due to the actions of others. Many people will find it difficult to assign a monetary value to something like physical pain or emotional distress, but the right attorney will assist them in determining an appropriate amount to seek from the defendant who injured them.
Q: What Is the Average Personal Injury Case Settlement in California?
A: Personal injury is a very broad area of civil law in which many types of cases unfold, involving injuries from auto accidents, dog attacks, slip-and-fall incidents, and more. State law enables the plaintiff to seek full repayment of their economic damages as well as reasonable damages for pain and suffering. Every case is unique, and while evaluating an “average” of settlements for California personal injury cases may seem to provide some insight into an impending case, the reality is there are too many potential variables in any given personal injury case to make any accurate predictions. Your attorney can provide a more precise estimate of your case’s potential value after evaluating the unique details in play.
Q: How Much Can I Claim in Pain and Suffering Compensation in California?
A: Most people are aware they have the right to seek compensation for the pain and suffering they endure from their personal injuries. However, many people misinterpret what this means and do not know how to determine reasonable amounts of compensation to seek through their claims. California does not cap or limit the pain and suffering compensation in personal injury claims, with the exception of medical malpractice cases. Your attorney can help you determine a suitable figure based on the severity of your condition following the accident.
Q: What Percentage Will an Attorney Take from a Personal Injury Settlement?
A: Contingency fee billing makes legal counsel more accessible to those who need it most, only requiring a client to part with a percentage of their final case award to pay their attorney. There are no ongoing legal fees with this type of arrangement, and the client owes their attorney nothing if the attorney fails to secure a settlement on their behalf. State law may also limit attorneys’ fees in specific types of personal injury cases. Most personal injury attorneys will take between 25% and 40% of their client’s case awards, the exact amount typically hinging on the case’s complexity.
Q: How Long Will a Personal Injury Case Take to Resolve?
A: The time a personal injury case will take to conclude largely depends on the defendant’s willingness to accept responsibility for the damages they caused and agree to a settlement with the plaintiff. If a defendant refuses settlement and a trial ensues, this can potentially last for months until a judge rules on the case. Hiring experienced legal counsel as soon as possible after a personal injury occurs is the best way to streamline the civil case proceedings you face.
Q: Is It Worth Hiring a Personal Injury Lawyer?
A: Do not make the mistake of assuming you can easily navigate your civil court proceedings unassisted, even if liability for your personal injury is clear and you feel you have a firm grasp of the damages you can claim from the defendant. Working with experienced legal counsel makes every aspect of your case easier to manage, and you will be far more likely to reach the best possible outcome with their assistance.
Easton & Easton have the personal injury experience you need on your side for the most challenging civil claims for damages in California. If you are worried about the potential outcome of your impending case or are unsure how to manage your legal affairs while recovering from your injury, contact us today and schedule a consultation. Meet with a personal injury attorney to learn how we can empower your recovery.