If you were hurt in an accident, one of the first questions on your mind is probably a simple one: how much is my personal injury case worth? In California, there is no chart or formula that gives a quick answer. The value of a claim depends on your injuries, your losses, who was at fault and how much insurance is available. This post walks through the main pieces in plain English, so you understand what goes into a claim and what questions to ask.
The Damages That Make Up a Claim
"Damages" is the legal word for the losses you suffered because of an accident. Most personal injury claims are built from several types of damages added together. Here are the ones that come up most often:
Medical bills. Emergency room care, doctor visits, imaging, prescriptions, physical therapy and any surgery you have already had.
Future treatment. If your doctors expect you will need more care, such as another procedure, ongoing therapy or pain management, the expected cost of that care can be part of your claim.
Lost wages. The pay you missed while you were recovering or going to medical appointments.
Lost earning capacity. If your injury limits your ability to work in the future, or keeps you from returning to the same kind of job, that loss can be considered too.
Property damage. The cost to repair your vehicle or other property. In cases involving property damage, our office may be able to help with your property damage settlement, including making sure your vehicle is repaired or that you are compensated for a vehicle that was deemed a total loss.
Pain and suffering. The physical pain, stress, lost sleep and loss of enjoyment of daily life that come with a serious injury. These losses do not come with a receipt, which is why they are often the most disputed part of a claim.
Factors That Raise or Lower Value
Two people can be hurt in what looks like the same kind of crash and end up with very different claims. These are some of the factors that make the biggest difference.
How serious the injury is
A spinal injury, a traumatic brain injury or broken bones will usually involve more treatment, more time off work and more pain than a minor sprain. More serious injuries tend to lead to larger damages.
Whether surgery is required
When an injury requires surgery, medical costs, recovery time and the impact on your life usually increase. Surgery can also signal to an insurance company that the injury is real and significant.
Gaps in treatment
If you wait to see a doctor, or stop treatment for a while, the insurance company may argue that you were not really hurt or that something else caused your pain. Getting care promptly and following your doctor's plan helps keep your medical records clear.
Comparative fault
California generally allows an injured person to recover even if they were partly at fault, but the compensation can be reduced by their share of the blame. That is why insurance companies often look for ways to shift some of the fault onto you.
Available insurance limits
Every insurance policy has a limit. If the at-fault driver carries only a small policy, or none at all, that can cap what is realistically available from that driver. Your own policy may help, including any uninsured motorist coverage you carry.
Why Insurance Company Offers Come In Low
The adjuster may be friendly, but the insurance company's goal is to pay as little as possible. Early offers often arrive before you know the full extent of your injuries or what future treatment you will need. Adjusters may question whether your treatment was necessary, point to gaps in your care or suggest that you share the blame for the accident.
Keep in mind that once you accept a settlement, you usually cannot go back and ask for more if your injuries turn out to be worse than expected. That is a good reason to understand your full damages before you agree to anything.
This is also why personal injury settlement amounts in California that you find online, or an "average car accident settlement in California," tell you very little about your own situation. Your injuries, your treatment, the facts of the accident and the insurance involved are specific to you.
How a Lawyer Builds Case Value
A lawyer cannot change the facts of your accident, but a lawyer can make sure those facts are fully investigated, documented and presented. When you work with the Law Office of Fernando Brito Jr., we hit the ground running. Here is what that looks like:
Prompt investigation. We look into your case quickly, while evidence is still available and memories are fresh.
Evidence gathering. We gather evidence on your behalf to show how the accident happened and how it has affected your life.
The right medical care. Doctors are available to you on a lien, and we work to make sure you are seeing the right providers, including orthopedic surgeons, neurologists, pain management doctors, neurosurgeons, psychologists, dentists and physical therapists.
Advocacy at every stage. We are committed to being your advocate during settlement negotiations, mediation, arbitration and at trial.
Watching the clock. Every claim has a filing deadline, and missing it can cost you the right to pursue compensation.
Please remember that this post is general information, not legal advice. Every case is different, and no lawyer can promise a particular result or settlement amount.
Talk With a Chino Personal Injury Attorney
If you have questions about your injuries and what your claim may involve, a conversation with an experienced Chino personal injury attorney can help. Our firm offers free consultations, and we work on a contingency fee basis for personal injury cases, so you do not pay any fees up front for our legal services.
Hurt in a crash? Learn more about how we handle a car accident claim, or contact our Chino office to schedule a time to talk. We are available nights and weekends, and if you are unable to visit, we will come to you. Se habla español.
Call or text (909) 270-2070 today.
