Why Are Types of Compensation Available in a Personal Injury Case in California?Personal injury claims and lawsuits vary with each type of case. Personal injury cases are among the most common legal actions in the United States each year. Victims who are injured as a result of another person or entity’s negligence are entitled to file a personal injury lawsuit or claim. It’s quite rare for claims to reach trial, because most cases are resolved with an out-of-court settlement. If a settlement can’t be reached, a personal injury lawsuit is filed in the state in which the personal injury occurred.
Types of Compensation
Pain and suffering damages are a form of monetary compensation that is intended to compensate you for the pain and suffering that you must endure as a result of your injury. Opposed to economic damages, such as medical bills and lost wages, which can be calculated into a fixed value, pain and suffering damages are considered as a non-economic damage and is decided on a case-by-case basis.
There are various types of personal injury cases that entitles you to compensations from a variety of sources. Worker’s comp, assault/abuse crime, daycare injuries and wrongful death are several types of cases that falls under the jurisdiction of personal injury law. The claim process to recover compensation is unique for each type of case, depending on liability and insurance coverage.
Determining Amount of Pain and Suffering Damages
A personal injury claim is typically resolved through negotiations between counsel for the defendant, counsel from the injured party, and sometimes agents of the relevant insurance carrier or claims adjuster. The procedure of a carrying out a personal injury case is methodical. Counsel for the injured party attempts to formulate a monetary amount that represents how much you should be compensated for your pain and suffering. The insurance company or counsel for the person who injured you will formulate its own dollar amount that they believe is representative of pain and suffering damages, and the two parties will negotiate on a number until an agreement is reached. Oftentimes, the negations consist of the counsel for the injured party striving for the best settlement offer possible, and the defendant trying to reduce how much they have to payout.
Factors that Determine Award
There are many factors that play a role in determining the pain and suffering award. Medical bills are often the starting point for gauging award of damage. Without a significant amount of medical bills, you will not receive a large pain and suffering compensation. It is more difficult for the attorney, that represents the injured party, to make a case if medical bills are low.
The nature and extent of your injuries, followed-up with the treatment that you seek for them, is representative of how much greater of an award you will receive. For example, if you have minor whiplash, personal injury law considers this a soft tissue injury and is generally viewed as less serious and would typically recover with little compensation; in contrast, if you have broken bones, disfigurement, or trauma, these damages have more lasting or permanent effects. The road to recovery will be significantly longer and treatment for your injuries will be more meticulous, with no guarantee of getting you back to where you were.
The length of treatment for your injury is indicative of how critical your damages are. If it takes 2 years for your injuries to recover, this shows that you have experienced greater pain and suffering as opposed to having injuries that recover in the span of 3-4 months. A longer length of treatment will increase your total award that you should expect to receive.
In vehicle accident cases, the amount of damage that a vehicle sustains may affect the amount of pain and suffering you can expect to receive. The damage that can be investigated often times reveals who was liable, and cn help predict how severe some injuries are.