Personal Injury Compensation Cost and Timing In California

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By LawGC

Personal Injury Compensation Cost and Timing In California

If you can establish the core elements of a personal injury claim, there’s a strong likelihood of receiving compensation for the injuries suffered. However, the challenge for many victims revolves around the timing of receiving  compensation and the amount they may be awarded. In California, there is no fixed compensation sum for personal injury claims. Every case is always handled on its merit, and the compensation awarded to victims depends on the injuries suffered and the impact on their lives.

The timing of receiving your compensation sum depends on whether you accept a settlement offer or choose to proceed to trial. This article discusses key components that influence the compensation cost and the timing of personal injury claims in California.

What Factors Influence Eventual Compensation Cost?

If you have suffered a personal injury as a result of the negligent act of another, it’s natural to want to know how much compensation you can expect. “While there is no fixed amount, there are some key factors that can determine how much you get,” says personal injury attorney Donald Colvin of Colvin Accident Lawyers. These factors are also what personal injury attorneys consider when valuing a personal injury claim.

  • The Nature of the Victim’s Injury and Liability

The first factor that determines how much compensation will be paid out is the nature of the injury. When it is a minor injury, the at-fault party or their insurance companies may argue that the injuries are not serious and, as such, the amount to be paid out will be minimal. However, where major injuries are suffered, victims can negotiate for a higher cost from the at-fault party. This is because the cost of diagnosis and treatment will probably be higher for major injuries than it will for minor ones.

  • The Long-term Impact of the Injury

Another factor that can influence how much you get as compensation is the long-term impact of the injury on both your overall health and living conditions. Here, the cost of future medical costs is considered alongside possible loss of earnings due to the inability to work. Promotions lost as a result of not working and potential withdrawal from your everyday activities will also be considered when evaluating compensation.

  • The Parties Involved In the Incident

In an accident that involves more than one party, going after them all could mean you can get more compensation. A good example is an accident involving a truck that causes the victim severe injuries. Such a victim can decide to bring a case against the truck driver, the driving company, and the manufacturer of the truck. By doing so, you can bump up the compensation sum.

  • The Non-economic Impact on the Victim

In California personal injury cases, more victims are going after non-economic damages now than ever before. Here, the psychological impact of the accident on the victims is also evaluated alongside the possible pain and suffering experienced. Although it can be challenging to evaluate, victims working with personal injury attorneys often find a way around these challenges.

How Long Does It Take to Be Compensated for Personal Injuries In California?

The time it takes for you to be compensated after a personal injury incident depends on how quickly you settle and whether the case goes to trial. Although settlements are generally believed to take less time than litigation, the process also depends on how quickly the parties can agree on settlement terms. When disputes over settlement terms persist for an extended period, they may result in a trial.

Trials take longer because they mainly come after settlement negotiations have failed. The case load of the court, the complexity of your case, and the number of witnesses are factors that determine trial length. Getting compensation for an accident in California takes time, and many times, it is worth the wait.

Conclusion

If you have been involved in an accident in California, it is ideal for you to speak to an attorney about your case. A personal injury attorney in California will guide you in valuing your case and also ensure the proper process is followed to reach a logical end as quickly as possible.

 

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