When you’re hurt, you need answers to questions like, How much is my personal injury case worth?
Knowing the value of your case can help you plan for the future.
Our experienced San Bernardino personal injury lawyers at LA Century Law explain how much personal injury cases are worth in San Bernardino, CA.
What is My Personal Injury Case Worth in San Bernardino, CA?
Your personal injury case in San Bernardino, CA, is worth the damages you can claim based on the law that applies to your case, adjusted for the strength of the legal claim and the ability to collect compensation.
What about the average-case amounts I see online?
When you search for average personal injury awards or how much your personal injury case is worth, you’ll probably see a range of numbers. For example, someone might say a minor injury is worth $10,000, a moderate injury is worth $100,000, and a severe, catastrophic injury is worth $1 million.
However, it’s just not that simple. There is no magic formula that says for a certain type of injury, you’ll automatically receive this amount. Each personal injury claim is valued individually.
A person can claim the compensation they are due based on what the law says they can claim and other factors that impact the strength of the case.
A word about punitive damages
A case’s value is mostly based on what an individual victim has lost. The defendant must have legal fault, and then it’s the victim’s damages that determine what the case is worth. When the defendant’s conduct is intentional or especially reckless, there may be additional punitive damages.
What Can Be Calculated
If you otherwise have a perfect case, you can claim the full amount of your damages. Damages are your losses resulting from your injury. These losses are both financial and personal. You can calculate compensation for the following:
- Emergency medical treatment
- Ongoing medical care
- Physical therapy
- Mental health care
- Medical supplies
- Prescription medication
- Property damage
- Household and personal care costs
- Lost income, lost career
- Pain and suffering
- Emotional anguish
- Disability, disfigurement
- Loss of life activities
- Loss of life expectancy
Expenses to date and projected future costs can be included.
Non-Economic Damages: Pain, Suffering, and More
Non-economic damages can’t be totaled with a calculator. A bill doesn’t arrive for pain and suffering or emotional anguish. But these are still real losses that are part of how much your personal injury case is worth. A lawyer can assist you with evaluating these important categories of damages.
Factors That Affect Settlement Value in San Bernardino
When we talk about having a perfect case, we’re talking about two things: the strength of the legal case and the ability to collect compensation.
Strength of the legal case
The victim must prove their right to compensation. That means proving the defendant’s legal fault. To have a strong case, there must be evidence that the defendant is liable for compensation.
Ability to collect compensation
Even if the amount of compensation ordered is $1 million, a case is only worth what the defendant can actually pay. Many personal injury claims are paid by insurance. The defendant may also be ordered to pay from personal assets. Assessing the ability to collect compensation can give you a realistic picture of how much your case is worth.
Laws that apply to San Bernardino legal claims
California’s pure comparative negligence laws apply to San Bernardino legal claims. Pure comparative negligence means that a person can legally seek compensation from someone else at fault for an accident, even if the injured person is also at fault. Most states use modified contributory negligence, where the injured person gets nothing if they’re more than 50% to blame, or contributory negligence, where the injured person gets nothing if they have any fault at all.
In states that use pure comparative negligence, like California, there is no cliff effect: the injured person receives nothing if their fault is a certain percentage or more. Damages may be reduced because of shared fault, but recovery may still be possible.
The exact percentage of fault assigned is especially important in determining compensation. Compensation amounts will differ drastically if the plaintiff is 20% or 80% at fault, for example.
Most San Bernardino personal injury claims begin in the Superior Court of California for the County of San Bernardino.
An experienced personal injury lawyer from LA Century Law can explain how much your injury claim is worth based on the laws that apply to your case.
Note: California caps non-economic damages in medical malpractice claims.
Why Most Cases Settle Before Trial
Even though personal injury claims are disputes, and most defendants don’t want to pay, most claims are still settled before trial. The system is set up to resolve disputes. In fact, that’s the purpose of the system – to resolve disputed claims so that people can receive justice. The purpose of the system is not to conduct as many trials as possible.
In the pre-trial process, both parties may build their cases through discovery. This process builds evidence and narrows the issues in dispute. With the evidence known, both parties can honestly assess the case. Usually, this means that the approximate value of the case becomes clear. Even if the defense doesn’t like it, they may agree to pay a reasonable amount.
In addition, most cases settle before trial because of the costs associated with going to trial. Settlement can save on these expenses, benefiting both parties. Also, most litigants prefer the certainty of a negotiated outcome, especially if the range of possible outcomes at trial is significant.
Real Results: Millions Recovered for Our Clients
LA Century Law is a leader in personal injury litigation in San Bernardino, CA. From our offices at 473 E Carnegie Dr #200, we represent clients throughout San Bernardino County and Riverside County in Southern California.
With a 99% success rate, we’re proud of our track record.
Get a Free Case Evaluation from LA Century Law
Are you wondering, “How much is my personal injury case worth?” You can have an honest, personalized evaluation from an experienced attorney. LA Century Law offers free consultations. Call or message us now.