How Much Is My Personal Injury Case Really Worth?

It comes down to damages. The seven types of compensation, and how partial fault changes the number.

It comes down to one word: damages. Specifically, the physical, mental, and financial damages incurred by the injured party. When someone is injured in an auto accident, a slip-and-fall, or any type of personal injury case, monetary damages are paid to the injured party by the at-fault party.

In personal injury cases, monetary damages are usually paid to the plaintiff by the defendant and their insurance companies. Damages are typically agreed upon during settlement negotiations between the parties, lawyers, and the insurance company. A judge and/or jury may also award compensatory damages should the case go to trial. Compensatory damage awards are typically meant to help injured plaintiffs become "whole" again.

Some compensatory damages are very simple to quantify, such as medical bills and property damage reimbursements. However, it's much harder to place a monetary value on suffering and pain, or on physical limitations caused by accident-related injuries.

Personal Compensatory Damage Types

Medical treatment. A damage award always includes all the required medical care associated with the accident. This means reimbursement for treatments received, plus compensation for future medical costs for injuries caused by the accident.

Income. You could get compensation for any impact on your wages caused by the accident. This includes not only your current income but your future earnings as well.

Pain and suffering. If you are experiencing pain and discomfort as a result of the accident, you are entitled to compensation for it.

Property loss. If items such as clothing or vehicles were destroyed during the accident, you can get compensation or reimbursement of repairs for the lost property's fair market value.

Emotional distress. Typically linked to severe accidents, this covers psychological effects caused by the accident, including sleep loss, anxiety, fear, and depression. Some states consider it part of pain and suffering damages.

Loss of enjoyment. If injuries from an accident keep you from enjoying hobbies, daily pursuits, and recreational activities, you can get compensation for loss of enjoyment damages.

Loss of consortium. This is the damage related to the relationship between a spouse and the plaintiff, describing the loss of companionship or inability to maintain a normal relationship.

How the Injured Party's Actions Can Decrease Value

If the injured party is found to have contributed to the cause of the accident, even partially, their personal injury case value will be decreased by the percentage of fault attributed to them. This is called Comparative Negligence under California law. California is a "pure" comparative negligence state, meaning the injured party may still recover damages even if they are 75% or 99% at fault.

Identifying and maximizing each type of damages in your injury claim is the key to a good settlement. Have you been injured in an auto accident or a slip-and-fall? Let our office get you the maximum compensation you deserve. Call us now for a free consultation.