Anyone who suffers an injury caused by the negligent actions of another individual should be able to recover compensation for their losses. This includes coverage for potential medical bills, lost income, property damage expenses, and losses caused by emotional pain and suffering. However, there are several factors that can affect the total value of a California personal injury claim. In order to maximize your compensation, we have outlined some factors that you should consider in connection with your claim.
- The severity of the injuries
While there are a variety of formulas used to determine the value of a personal injury claim, many of them revolve around the nature and extent of the injuries and the amount of medical treatment that will be needed to recover from them, most being A more serious injury (such as a spinal cord injury) is likely to fetch more compensation than a temporary injury (such as a broken arm).
- Expenses for property damage
If an incident that caused an injury also caused property damage, these must also be taken into account. While we typically talk about damage to property or vehicles involved in an accident, costs for losses like phones, computers, valuables like jewelry and sunglasses, and even pets (yes, pets are considered property in these situations). may influence the total compensation you receive in a claim.
- Insurance limits
Insurance companies will not pay more compensation than the policy allows. For example, if a person has a $250,000 auto accident liability insurance policy, but the injury expenses are $400,000, this will leave a significant gap between what the insurer will cover and the total costs to the victim. . In these situations, it may be necessary to file a personal injury lawsuit against the at-fault party to recover more compensation.
- Shared blame
It may happen that the victim of the injuries is partially involved in the cause of these. Additionally, it is not uncommon for more than one party to be at fault in these situations. This is why the State of California operates under a system of comparative negligence. This means that individuals can still recover compensation for their claim, as long as it proportionately reflects the fault of each party involved. So, if your injuries are found to be 40% your fault, you will only receive 60% of the full amount you filed your claim for.