The Centers for Disease Control and Prevention (CDC) estimates that 25 million Americans seek emergency room care for unintentional, accidental injuries each year. Approximately 3 million people require emergency medical care for injuries in California alone. If you were hurt due to the negligence of another party, you may be entitled to compensation through a personal injury claim.
Most people who are injured have never filed a personal injury claim before and to attempt to start negotiating a claim is a mistake without expert advice. Call us at 888.777.1776 to discuss what we can do for you. There is no charge. We only charge when we obtain a recovery for you.
After a serious accident, you will be wondering: “How much compensation can I recover in my personal injury case?”
There is No Magic Formula
No matter what anyone says, there is no formula. Anyone who tells you there is a formula is mistaken. As lawyers with substantial experience in resolving injury claims, be assured that every case is different and unique. There is no “cookie cutter” and frankly anyone who is seriously injured needs to have their claim and all the facts evaluated with a goal of maximizing the recovery because there is no second chance. It must be done correctly the first time.
One thing is true. Across the board, experience personal injury attorneys will collect more than individuals trying to settle their own cases and most clients will recover more, even after paying attorney’s fees.
Factors That Determine the Value of Your Case
1. Fault
A personal injury lawsuit is based on fault. If you cannot prove that the defendant was at fault for your accident, then you cannot establish liability. Without liability, you will not be able to recover compensation for your accident. For this reason, it is essential that all serious accidents are proactively and comprehensively investigated by a skilled California personal injury attorney. Your lawyer will make sure that all evidence needed to prove fault is gathered and organized.
Notably, California uses a comparative fault standard. Under this type of liability system, fault is not always an ‘either-or’ proposition. One or more defendants could be found partially at-fault for your accident. Liability is assigned in proportion to fault. You could even be deemed partially at fault for your own accident. If so, you will be found partial liability—meaning the value of your personal injury case will be reduced.
2. Damages
Fault is essential. It is the basis of liability in a personal injury claim. However, it is far from the only thing that will affect the value of your case. Your damages are the other main factor that needs to be considered. With few exceptions, the money recovered in a personal injury claim is supposed to be compensatory in nature. The value of your case will depend on the nature and severity of your injuries and the extent of your actual and intangible damages.
You are entitled to compensation for:
- Medical bills and related expenses.
- Ongoing and rehabilitative medical care.
- Loss of earnings and lost future earnings or earning capacity.
- Pain and suffering and/or emotional distress.
- Permanent scarring, disfigurement, disability, or impairment.
In other words, the worse your accident, the greater the value of your case.
If you suffered severe injuries, it is imperative that you consult with an experienced personal injury lawyer as soon as possible.
Even when fault is clear and indisputable, corporations and insurance companies are by no means eager to pay out claims. Instead, they will simply shift their tactics to focus on damages, looking for strategies to limit the total value of your personal injury claim.
Call Our San Jose Personal Injury Law Firm for Immediate Legal Help
Alexander Law Group, LLP attorneys are available to answer questions and share our knowledge of the law and the results of our research and experience. Our goal as personal injury lawyers is to make a difference for our clients. Every day we deal with a range of health and safety issues that most people do not encounter until after an injury occurs. As safety lawyers we are committed to providing our clients and the public with information for safer and healthier living. No recovery: no fees, no costs. Call 888-777-1776 or contact us online to schedule a consultation to see how we can help you.
