When consulting with us, our clients often have questions about personal injury law, one of them being how we estimate a potential settlement amount. Our personal injury attorneys are highly skilled in this area. Every case is unique and most settlements occur out of court, so they aren’t on public record. There’s no typical amount for a client to receive, whether they’ve been injured in a car accident, slip and fall, or by medical malpractice or a defective product.
Whether you or a loved one has been injured due to one of these issues or something else, a personal injury lawyer in Los Angeles will use various factors to estimate your potential settlement amount.
How Settlement Amounts Are Calculated
Early on, your attorney will discuss the facts of your case and the defendant(s) involved (along with their insurance companies). A thorough review of all relevant documentation will help assess the value of your case. Look for an estimate—not a guarantee. An experienced attorney can’t predict a case’s outcome; they can only promise to work on getting the best result for you.
Calculations are done based on the types of damages, which include:
Economic Damages
These include expenses related to emergency medical care, surgeries, rehabilitation, prescriptions, and physical therapy. The costs of future medical care may also be considered. If you’re unable to work due to your injuries, your lawyer will factor in lost wages and lost future earning capacity as well. They’ll simply add up the costs to estimate how much your settlement should be.
Non-Economic Damages
General damages can include pain and suffering. They don’t involve bills or receipts you can add up. The physical pain that impairs your ability to enjoy life and hobbies and the emotional pain associated with anxiety or depression can take an incalculable toll on your well-being. Insurance companies usually aim to pay out the least amount possible, but a personal injury lawyer may use one of two formulas to estimate pain and suffering damages:
- Multiplier Formula: Based on an injury’s severity, a number between 1.5 and 4 or higher is assigned. This number is multiplied by the cost of your medical bills to determine what to ask the defendant (or their insurance company) for in pain and suffering damages.
- Per Diem Formula: Your attorney calculates the amount of pain and suffering you deal with every day. A dollar amount may be assigned for each day. Then, this amount is multiplied by the number of days you’re expected to experience this pain and suffering.
A plaintiff’s degree of injury (especially if it’s visible) and their location, likeability, believability, credibility, and other subjective factors may be considered in determining the amount of non-economic damages to pursue.
Punitive Damages
Most personal injury damages awarded are intended to make the client whole again. If a defendant’s improper behavior, intent to harm the victim, or extreme negligence contributed to the injury, a court may award punitive damages. These may be intended to punish the defendant for their actions or deter others from acting the same way in the future. Generally, punitive damages most often apply to automobile manufacturers, pharmaceutical companies, or other large corporations or insurance companies in bad faith cases.
Who Is Liable
A personal injury lawyer must also determine who is liable when estimating a potential settlement amount. This can identify how much to ask for (in terms of insurance policy limits and/or legal statutes). Depending on the case, a property owner or homeowner, a business owner, or a government entity may be liable. In California, you have just six months to file a claim with a government agency, compared to two years with most other personal injury lawsuits.
Comparative Negligence
To start, your personal injury attorney must prove the defendant is liable. This requires showing they owed you a duty of care, neglected this duty, and should have known that, for example, an issue was dangerous or an action (or lack thereof) could cause harm based on the insights a reasonable person would have.
California’s pure comparative negligence rule means more than one party may be at fault. Both the plaintiff and defendant may share fault. This means if you’re found 20% at fault for an accident, your compensation will be reduced by this amount. If the defendant is 100% at fault, then you won’t see a reduction in your settlement amount.
Factors That Can Increase a Settlement
Your personal injury settlement can be maximized with the following:
- Documentation of current and future medical expenses
- Evidence of lost income and future earnings
- Testimony of your pain and suffering
- Bills for the cost of repairing or replacing damaged property
- Police reports, video footage, and eyewitness accounts
- Consultation with medical professionals
- Knowledge of the at-fault party’s insurance policy
- Your personal injury attorney’s negotiating skills
Factors That Can Decrease a Settlement
If any of the following apply, your estimated settlement amount may be decreased:
- You have a high degree of fault for the accident
- A pre-existing medical condition is unrelated but similar to the injury
- The evidence is weak or lacking
- Delays in medical treatment after an injury
- Statements you’ve made are inconsistent
- A failure to follow medical advice
- The at-fault part has limited insurance coverage
- Your settlement expectations are unrealistic
How Can I Avoid Reducing My Potential Settlement Amount?
If you intend to pursue a personal injury settlement, never admit fault or make statements that can be interpreted as admitting guilt. Rushing into a settlement avoids accounting for the long-term impacts of your injuries; let your attorney take the time to fight for your rights. Also, avoid discussing the case on social media, providing recorded statements without legal advice, or exaggerating your injuries. Report the accident right away to the authorities and be civil and respectful throughout the process.
Why Should I Not Accept an Insurance Settlement?
Before you accept an insurance settlement, you must understand the value of your claim. The payout may be enough if your injury was minor and treatment has been completed. However, if you expect to incur additional costs, you’ll need a personal injury attorney who can negotiate a settlement that considers your future expenses and amounts beyond the limits of the defendant’s insurance policy. Once you sign an agreement, you can’t ask for more.
Call a Personal Injury Lawyer Near Los Angeles to Help Esimtate Your Potential Settlement Amount
At The Law Offices of Jacob Emrani, we can navigate complex cases and negotiate with insurance companies to ensure you get the compensation you deserve. Our experienced personal injury attorneys know the crucial evidence needed to strengthen your case. They’re on your side every step of the way to provide expert legal advice and representation. To request a free consultation, call (888) 952-2952 today.