When you are hurt because of the carelessness of some other person you need to get some reasonable compensation. Personal injury settlements in California enable victims to regain their finances due to the medical cost, loss of earnings and emotional suffering. So what is the amount which you can actually expect to obtain? This guide separates the examples of personal injury settlement and their averages and real-life examples to provide you a better idea of what you need to expect.
What Is a Personal Injury Settlement?
A personal injury settlement is a compromise that is reached between the wronged individual (plaintiff) and the guilty one (defendant or his/her insurance company) to settle a legal claim without a trial. These settlements usually include monetary compensation that would amount to medical expenses, lost income, damages of properties and emotional distress.
Most instances of personal injury in California are settled using settlement as opposed to court judgment. The reason is that apart from saving time and cutting down the cost of legal services, the approach gives victims a quicker road to recovery. The worth, however, of a settlement is dependent on a number of factors such as the depth of injuries and the clarity of the fault.
Average Settlement Amounts in California
There is a big range of average personal injury settlements in California, which can go anywhere between a few thousand dollars when the injuries are fairly minor, to hundreds of thousands or even millions when the injuries are catastrophic injuries. Moderate cases tend to end in settlements mostly between 15,000 to 75,000 on average.
Nevertheless, this figure is not constant. Soft tissue injuries may occur at a reduced compensation pay expansion whereas the compensation pay may be very high in instances related to permanent disability or in cases where death occurs as a result of an accident. Other aspects such as comparative fault and existence of evidence among other things also affect the amount of final settlement.
Real Examples of Personal Injury Settlements
There are different settlement examples in California depending on the type of case. Examples of how various factors affect the compensation outcomes are presented below:
- One of the targets of a distracted driver hit on the road in Los Angeles was awarded $250,000 because of a damaged leg and emotional trauma.
- The case of slip-and-fall at a grocery store in San Diego led to a 120,000 dollar settlement based on a back injury.
- In a pre-trial settlement of a case, a construction worker who had been injured by defective scaffolding received 1.2 million dollars.
The above illustration of settlements proves that it is highly variable regarding payout, depending on the case and attorney.
Car Accident Settlement Examples (California)
Motor vehicle accidents constitute a very large part of the cases of Personal Injury in California. These cases give an idea of what the normal car accident settlement is:
Rear End Whiplash Collision
A resident of San Francisco was awarded 20,000 dollars due to the rear-end collision at a stoplight. Chiropractic care was on medical records of soft tissue injuries.
Multi-Car Pileup with Hospitalization
A three car crash on I-5 resulted in a settlement of $90,000. The injured lost his work months and had a breakage of his collarbone.
Crash Drunk Driving
The case that involved an intoxicated driver hitting a Los Angeles plaintiff resulted in compensation of 300,000 dollars. Bones broken and mental trauma were incurred.
The presented car accident settlement cases in California can help understand how damages and liability influence the size of a payout.
Pain and Suffering Payouts in California
A settlement can be enhanced by a lot of pain and suffering compensation also known as non-economic damages. These are emotional distress, anxiety, depression and loss of enjoyment of life.
In California, the pain and suffering cannot be computed using any specific formula. Rather, the severity and permanence of injuries are measured by courts and the insurers. As an example, there are instances of pain and suffering settlements in California, funded through payouts of:
- Back pain suffered at the workplace injury: 50,000
- Emotional trauma after a dog bite resulted in the award of damages of $200,000.
- A wrongful death case in the amount of $500,000 as a reimbursement of losing a spouse
The greater and permanent the pain the more payout will be.
Factors That Affect Settlement Value
The settlements in California can depend on various variables:
- Greater severity of the injuries usually equals more payout.
- Medical expenses incurred both now and in the future in the treatment are considered in the settlement.
- Lost income as a result of time out of work as well as loss in earning potential increases compensation.
- Clear Liability is likely that the insurers will make fair settlements.
- Legal Representation is when an experienced personal injury attorney is hired, it is likely to settle bigger.
- The maximum amount of compensation might be reached by the policy limit of the Appropriate party.
Being aware of these factors, you can get an idea about what you may be paid.
How Settlements Are Calculated
Lawsuits involve personal injury, computation of settlement is made using the product of both the economic damage (such as medical expenses and lost wages) and the non-economic damage (such as pain and suffering). Punitive damages can also be used in other cases in case the intention of the defendant was to act recklessly or maliciously.
Formulas such as the multiplier method where compensations to the injured people are multiplied by a value between 1.5 and 5 based on the severity of injuries caused may be used by insurers and attorneys. The per diem method is another way of handling pain, which gives a rate per day until the patient heals.
Getting Legal Help for Injury Claims
In the event that you have been injured as a result of another person not paying proper attention to you and you want to consult an attorney to help you, it is always advisable that you consult a personal injury attorney. A lawyer will be able to collect evidence, discuss the cases with insurers, and make sure you are rewarded with what you are entitled to.
Be it a car accident settlement or a case of slip-and-fall, having an attorney to represent your case can make the difference so much. The majority of personal injury lawyers in California charge on a contingency fee basis so it does not cost you, unless they succeed in your case.
