How Much to Ask For in a Personal Injury Settlement
In 2020, unintentional falls resulting in death, injury, or an emergency room visit cost over $1.2 trillion in the United States, according to the most recent data from the Centers for Disease Prevention and Control.
Falls can cause a range of injuries, from broken bones to permanent paralysis.
Car accidents and other types of personal injuries can also result in burdensome emotional and financial harm.
When this occurs it’s good to know how much to ask for a personal injury settlement.
If you were injured while on someone else’s property or because of someone else’s conduct, you may be entitled to compensation for your damages.
But it can be overwhelming to know how much to ask for in a personal injury settlement.
This article will help you understand more about negotiating a settlement, determining the value of your case, and what you need to prove in a personal injury case. This article also discusses what happens if you lose your case.
Starpoint Law provides outstanding legal representation to injury victims throughout Southern California and has recovered tens of millions of dollars on behalf of clients.
The attorneys at Starpoint Law understand how personal injury settlement negotiations work and are experienced with calculating the value of a personal injury claim.
How Much Is a Negligence Worth?
A common question is, “how much is negligence worth?” The value of a negligence claim depends on many factors, such as:
- The injury victim’s medical expenses,
- Whether the victim had to miss work because of the accident or earns less after the accident,
- The likelihood that the victim will make a full recovery,
- The conduct of the at-fault party that caused the accident,
- The impact of the accident and injury on the victim’s life,
- The level of fault or blame the victim carries for the accident,
- The applicable law, and
- The compensation received by injury victims in similar cases.
The overall strength of the victim’s case and whether they filed their claim before the expiration of the statute of limitations also influence the value of their negligence claim.
How Much Should You Ask For in a Personal Injury Settlement?
When you begin negotiations with the at-fault party or insurance company, it can be confusing to figure out how much compensation to request.
After all, how do you quantify the trauma involved in an accident that required you to undergo surgery or that has permanently altered your life?
Attorneys use several methods to calculate the appropriate settlement amount in a given case, and the value of a claim will vary depending on the particular situation.
A settlement offer should account for past expenses, anticipated future expenses and losses (such as physical therapy or lost earnings), and the pain and suffering you have experienced because of the event and aftermath.
Insurance companies tend to undervalue the cost of personal injuries, especially invisible losses like pain and suffering.
That’s why talking to a knowledgeable and dedicated personal injury attorney before signing a settlement offer sent by the insurance company or at-fault party is essential.
A lawyer can review the proposal, calculate your damages, and help you craft a counteroffer. They can also file a lawsuit on your behalf and represent you in court if needed.
Can You Lose a Personal Injury Claim?
Can you lose a personal injury claim? Personal injury victims can lose their lawsuits for many reasons. For example, they may not have strong evidence showing the other party is at fault. Or they may have missed the deadline to file a claim in California.
There is no guarantee that a particular outcome will or will not happen. But there are steps you can take to help strengthen your claim and increase your chances of receiving fair compensation.
What Do You Need to Prove to Have a Personal Injury Claim?
Most personal injury claims are based on the legal theory of negligence. When bringing a negligence claim, you must prove the following to collect compensation:
- Duty of care. You must prove the at-fault party had a legal duty to act reasonably under the circumstances, such as a duty to drive safely or warn of unsafe property conditions.
- Breach of the duty of care. You must show that the at-fault party did not meet their legal obligation, which is known as a breach of duty.
- Causation. Next, you must establish that the at-fault party’s breach caused or contributed to your injuries.
- Damages. Finally, you must prove that you suffered physical or financial damages.
Every type of legal claim has a particular deadline by which the claim must be filed. This deadline is called the statute of limitations.
In most cases, you must bring a personal injury claim within two years of the date on which the accident occurred.
What Factors Help Your Chance of Winning Your Claim?
Preserving key evidence and adequately researching and preparing your legal arguments are two factors that can help improve your odds of prevailing.
Further, having an attorney represent you can increase your chance of success because they can uncover details and craft legal arguments that nonlawyers may miss.
Additionally, insurance companies and third parties are more likely to take your claim seriously if you are being represented by an attorney.
What Happens If You Lose Your Case?
If you lose your case, you do not receive compensation. But you may have the option to file an appeal with another court and ask that it take a second look at your case.
If you prevail in the appeal, you might be able to win your claim and receive compensation.
What Are the Average Personal Injury Lawyer Fees?
Personal injury lawyers charge varying amounts to handle cases depending on the type of fee arrangement they use, the area in which they practice, and their experience level.
So what are the average personal injury lawyer fees? Many personal injury attorneys, such as those at Starpoint Law, do not charge clients any upfront legal fees to handle a lawsuit.
Instead, they take cases on a contingency basis. Under this arrangement, the attorney receives a set percentage of the client’s total compensation only if the attorney wins the client’s case and the client receives a payout.
Some attorneys require clients to reimburse them for other legal or administrative expenses, such as filing fees, while others do not.
Contingency fee arrangements benefit personal injury victims, many of whom have crippling medical bills and other financial stressors that make paying upfront legal fees difficult or impossible.
Contingency fee arrangements allow victims to secure the legal representation they need to help them pursue justice without having to worry about affording a lawyer.
Contact Experienced California Personal Injury Lawyers Today
Our team appreciates the trials our personal injury clients face. They are hurting physically, financially, and emotionally and just want their lives back.
The Starpoint Law team is dedicated to helping our clients pursue justice so that they can move forward.
He uses his unique knowledge of how insurance companies work and how these companies calculate settlements to help maximize damages awards for his injured clients.
If you have suffered a personal injury and have questions about calculating a settlement value, contact Starpoint Law today so that we can help you understand how much your claim might be worth and explain your legal options.