Factors That Affect Compensation for a Personal Injury Claim

Factors That Affect Compensation for a Personal Injury Claim

December 20, 2021

Ellis Law Corporation

Personal Injury

A personal injury claim is a civil lawsuit that an individual may file against another person, business, or government entity for damages arising from physical injuries due to negligence, recklessness, or intentional actions.

There are many factors that affect compensation for a personal injury, including the location of the incident, the type of harm sustained, and any other relevant circumstances.

1. The Severity of Your Injuries

One of the most important factors that affect compensation is the severity of your injuries. The more serious your injuries are, the more money you can likely expect to receive in damages. In addition, if your injuries require ongoing medical treatment or cause permanent disabilities, you may be entitled to additional compensation.

2. Shared Fault

In some states, you cannot recover any compensation if you are partially at fault for your injuries or the accident. In California, you can still recover some compensation even if you played a part in the accident and share some fault. Personal injury claims in California are governed by pure comparative negligence. This means that the compensation you receive is reduced by the percentage that you are deemed to be responsible. For example, if the court determines that you are 40 percent at fault, any compensation you are awarded will be reduced by forty percent and you will receive 60 percent.

3. Your Total Medical Bills

Your total medical bills are typically the largest factor that affects compensation for a personal injury claim. If you do not have health insurance and cannot afford to pay your own medical expenses, it is very likely that the court will order someone else (such as another defendant) to compensate you for the harm that they caused.

For example, if an individual files a civil lawsuit after being injured in a car accident and can prove that their injuries were sustained because of someone else’s negligence, then most courts will hold the negligent party responsible for paying all related medical bills.
In addition, there may be other factors involved with your case including any relevant circumstances regarding how or why the accident occurred, which could also impact how much money you would receive from your personal injury claim.

4. Negotiations with Insurance Companies

Insurance companies often try to settle personal injury cases as quickly and cheaply as possible. They have their own lawyers on staff in order to try to pay out the least amount of money possible so they can earn the highest profits that they can. Make sure you hire an attorney who is skilled at negotiating so you don’t end up leaving money on the table by being tempted to take a quick settlement offer from the insurance company.

5. Strength of the evidence

If you and your lawyer have a lot of evidence that shows that you have a good chance of winning your case and receiving a significant amount of compensation, the defendant is much more likely to settle the case before it gets to trial. This can be a good way to get a quick resolution to your case and still receive the amount of money you’re entitled to.

If the evidence is weak and it can’t be shown that the other party was at fault for your injuries, your compensation will certainly be limited.

Hire a Personal Injury Attorney Today

Every personal injury claim is different. Partnering with an experienced Los Angeles personal injury lawyer will make the difference in collecting a maximum settlement. To learn more about how we can help, contact us today.