If you are injured in California through the actions of another person or party, you have the right to seek damages with the help of a personal injury law firm. One of the first questions many people ask when they hire an attorney is, “What is my California personal injury case worth?”. Every case is different, and several factors will affect how much your case is worth and how much you are awarded.
How Much is My Case Worth?
Your personal injury attorney can help you understand what factors they and the court will consider when deciding how much you will get. Many of these are quantifiable, but some are not. This is why it is so important that you work with a reputable and experienced personal injury lawyer Los Angeles who can accurately assess your cases and determine the most amount you can get for the damages suffered.
The most common and most obvious determinant of how much your case is worth is medical expenses. Your attorney will include all expenses in their calculations, and this is relatively easy to do because you should have medical records that show your injuries and related costs.
Remember that you can seek compensation for much more than the trip to the emergency room. You can also seek compensation for rehabilitation, surgeries, prescription medication, and related costs. Your attorney can also help you include out-of-pocket expenses like bandages, crutches, and other supplies in the calculations.
The court will also consider future medical expenses if your attorney can argue for them. For example, you might require ongoing rehabilitation which can get expensive fast. You might also need additional surgeries or long-term prescriptions. A good attorney will hire experts to show how they calculated these future costs and justify why they would be awarded.
Lost wages can also affect how much you get awarded. If you cannot work following an accident and as a direct result of your injuries, you can seek compensation for loss of income. Your attorney will also argue for loss of future income in cases of disability or injuries that make it difficult or impossible to return to work.
About Non-economic and Punitive Damages
California also has non-economic damage provisions. The most common is pain or suffering but it depends on the severity of the injuries. Emotional pain and psychological distress might be challenging to prove, but hiring top personal injury attorneys should ensure you get compensation for them.
Another category of damages that can determine how much your case is worth is punitive damages. These are awarded as additional punishment and deterrence for bad behavior. You will see this a lot in drunk driving cases where a driver has been involved in multiple accidents or is shown to have total disregard for the lives of other road users.
These damages are not guaranteed, but they can significantly increase the amount awarded, especially if there is a long pattern of the same behavior from the defendant.
Crucial Limitations You Should Know About
You should understand that certain restrictions apply to how much you can get as compensation in California. The most important one to know about is insurance coverage limits.
If you are expecting the defendant’s insurance company to compensate you, you should know that in most cases the amount they pay is capped at the maximum coverage limit. If their limit is $100,000, then generally speaking that is the amount of money you will be able to recover.
While this cap can lead to much lower award amounts in car accidents, commercial trucks, and Lyft/Uber drivers have much higher insurance limits, so you might be able to get much more if you are involved in an accident with these vehicles.
The best way to know where you and your case fall is by talking to a personal injury lawyer in California with experience dealing with these kinds of cases.
Workers’ Compensation
Another factor that will affect your compensation is workers’ compensation. If you are injured at work and covered by this compensation plan, you cannot claim non-economic damages in a lawsuit. California does not allow you to claim pain and suffering or similar damages, so your compensation will be limited to lost earnings, disability payments, medical costs, and related costs.
However, a good personal injury accident lawyer can help you exit this system and seek non-economic damages another way. It’s important to note that there is a risk with this because the company or defendant might decide to fight you on all other types of compensation, so you must have a strong enough cause if you decide to take this route.
Comparative Fault
California is a comparative fault state, so you will lose a percentage of your damages depending on your percentage of fault. For example, the court might find you 20% liable, so you will lose 20% of the damages awarded.
The Value of a Good Attorney
Regardless of how much evidence you have or how well you can provide your case, its worth, and how much you get as compensation is ultimately determined by how well your attorney can represent you.
You should do enough research to hire an experienced Los Angeles car accident lawyer who has a proven track record of winning significant awards for their clients. The best attorneys do this by finding out all the types of compensation that apply to your case and what they cost and then successfully arguing why you need that compensation.
The attorney must also show why the defendant is liable for these damages so the court can award them.
A good attorney is worth it even after you pay their legal fees. While no attorney can guarantee that you will get what your case is worth, a good one will get you as close as possible, ensuring you get the maximum you are entitled to.
Every personal injury case is different, so it is difficult to know how much it would be worth. However, a good attorney can help you determine the types of damages to seek so you can be fully compensated for your loss, injuries, and damages.
Remember that getting the best award starts with hiring a great attorney. Our attorneys at Karns & Karns Personal Injury and Accident Attorneys are standing by to discuss your case, and you can do so by calling us for a free consultation at 800-4THE-WIN (800-484-3946). Our attorneys will look at your case and discuss it with you to see what types of damages you are entitled to and how much your case is worth in California.
