Petrov Personal Injury Lawyers | August 2, 2023 | Personal Injury
Calculating the average personal injury settlement is challenging. Many factors contribute to the value of damages in a personal injury case. The amount received for similar personal injury cases could vastly differ because of one or two minor differences in the circumstances.
Generally, cases involving catastrophic injuries and permanent impairments have higher average settlement amounts than other cases. However, factors such as contributory fault and failure to mitigate damages could significantly reduce a claim’s value.
Instead of asking, “How much is the average personal injury settlement?” a better question to ask a Vista personal injury lawyer is, “How much is my claim worth?” An attorney evaluates your claim based on the unique factors in your case. Each case is different, so it is better to base decisions regarding your case on legal advice from a Vista personal injury attorney instead of online personal injury calculators or what an insurance adjuster might tell you.
What Factors Impact How Much the Average Settlement Is for a Vista Personal Injury Case?
Your settlement amount depends on many factors. The factors that could impact the value of your personal injury claim include:
- The type of injuries you sustained
- The medical treatments and procedures you had because of your injuries
- The length of your recovery period
- Whether the injuries resulted in permanent disabilities or impairments
- The extent your quality of life is impacted because of your injuries
- Your appearance before and after the accident or personal injury
- Whether you could be partially to blame for the cause of your injury
- The availability and policy limits of insurance coverage
- The evidence you have proving the other party caused your injuries and damages
Higher payments are often found in cases involving fatal injuries (wrongful death), permanent disabling conditions, and diminished quality of life. However, some defenses could reduce the amount of money you receive for a personal injury settlement.
Contributory Fault and Failure To Mitigate Damages in a Vista Personal Injury Case
The at-fault party may allege that your actions contributed to the cause of your injuries. If so, you would not be entitled to receive the total amount of your damages under California’s pure comparative negligence law.
Under pure comparative negligence, an injured party’s damages are reduced by the percentage of fault they have for causing their injuries. Therefore, if you were 30% to blame for causing a car accident, your damages would be reduced by 30 percent.
Insurance companies use contributory fault to undervalue personal injury claims. Without a lawyer to advise you of your rights, you might accept a settlement offer that is worth far less than you are entitled to receive.
Another common defense used in personal injury cases is failure to mitigate damages. Injured parties have a duty to mitigate damages. You must take reasonable steps to limit the harm you suffer because of the other party’s conduct.
For instance, failing to seek prompt medical care or follow your doctor’s treatment plan could result in a failure to mitigate damages claim. Under this legal theory, you would not be entitled to compensation for the damage you could have avoided.
As with contributory fault, insurance adjusters use delays in medical care and other information they gather to justify lower settlement offers for claims. Don’t let them trick or pressure you into accepting a settlement offer without legal advice.
How Can a Vista Personal Injury Lawyer Help Me Receive a Fair Settlement Amount?
Personal injury attorneys understand this area of the law. They understand insurance companies and the tactics they use to cheat victims out of the money they deserve. Lawyers also know what types of damages you are entitled to receive and how to value those damages correctly.
Most people may know they can recover economic damages for a personal injury case. They know they should receive reimbursement for their lost wages and medical bills. However, they might not be aware they can receive money for their out-of-pocket expenses and diminished earning capacity.
Likewise, an injured party might not be aware they can recover compensation for their pain and suffering. Non-economic damages can be confusing and difficult to calculate. However, these damages could substantially increase the value of a personal injury case.
Working with an attorney ensures that you have someone on your side who knows the law and how to use it to your advantage. They have the resources to investigate claims, hire expert witnesses, and battle large corporations.
By hiring a lawyer to handle your personal injury case, you can even the playing field and ensure someone is watching out for your best interests. Most people obtain higher personal injury settlements when they hire a personal injury lawyer.
Contact the North County Personal Injury Lawyers at Petrov Personal Injury Lawyers for Help Today
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