When you've been injured in a car accident, and you are injured, you deserve financial compensation. Moreover, you'll need it - it's not a gift or a reward. Financial compensation for an injury sustained in a car accident is provided to cover the associated costs resulting from the injury. However, it can be very difficult for the injured party to ascertain what those costs will be - and, therefore, what sort of settlement would be appropriate.
Is There an Average Settlement for California Personal Injury Claims?
Looking at personal injury claims across the nation, most reported settlements fall between $14,000 and $28,000, averaging around $21,000. However, that doesn't mean your personal injury claim will see a similar result. It can be extremely difficult to place a value on a personal injury claim, and considering an "average" may not be very helpful in the long run, but it provides a starting point. Since personal injury case valuation and settlement amounts fall in an extremely wide range, the starting point may not end up being very close to the end result based on the case's specific details. California personal injury settlement amounts can vary from a few hundred dollars to millions.
- Severity of the injury
- Complexity of the injury/case
- Amount of litigation/negotiation required
- Property damage
- Medical bills and costs of necessary in-home care
- Other out-of-pocket expenses
- Lost wages
- Pain and emotional suffering
- Loss of consortium
- Inability to do household tasks
- Other potential damages
- Expert testimony
- Evidence gathering
- Similar cases in the past/past jury verdicts
Reasonable Expectations of Acceptable Personal Injury Settlement Amounts:
When attempting to estimate a projected personal injury settlement amount, it's important to be reasonable and consider the various factors that the other party's insurance company and legal team, the judge, and the jury will be reviewing and using as a basis for their judgment.
The Average Personal Injury Case:
While the details of each personal injury case vary greatly, and the same unique nature is reflected in the wide range of settlement outcomes, it's still helpful to consider the "average" California personal injury case or personal injury settlement.
- The average personal injury case is settled out of court, with only about 2-3% of California personal injury cases ending with a jury trial.
- Cases that are clear-cut or have plenty of evidence to support one party's argument are easier to settle out of court.
- More complicated cases with issues that the two parties can't work out during California's two-year statute of limitations tend to go to trial.
Certain Factors May Bring Down a Personal Injury Claim's Valuation:
While there are a lot of factors to consider during the valuation of a California personal injury claim, there are certain factors that will bring down the value of any offered settlement. The most obvious factor that can bring down the settlement offer is shared liability. If the injured party is partly at fault for the accident, their claim is discounted. California is a comparative negligence state, so the settlement amount is decreased by the percentage the injured party is found to be at fault. The other party's insurance policy limit is another factor, a fixed factor the injured party cannot control. Corporations often hold multi-million dollar policy limits, but individuals may have the minimum required by California state law, only $15,000 in liability coverage. Then there is the issue of uninsured motorists.
If you have been injured in an accident and need help getting fair compensation for your injury, get in touch with Moss Bollinger, Oxnard, California personal injury attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation or contact us online.