One of the first questions most people ask when they call a Bakersfield personal injury attorney is how much they are likely to win in a car accident litigation or settlement. The answer is not as simple as giving out an average number. There are a number of factors that will be taken into consideration. Keep reading to learn what they are. Feel free to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
Some of the Factors That Will Be Considered in Determining Your Settlement Amount
First and foremost, attorneys involved will look at your past and future medical expenses. They will consider all damage done to your vehicle and any other property damage. Your past and estimated future lost wages will be considered. Your pain and suffering, along with any permanent disability or disfigurement, will be considered. Finally, any other expenses related to the accident – such as necessary adaptions to your home due to the injuries – may be considered.
Fault Will Affect Your Settlement Amount
Once the damages are determined, we must then determine how much fault you had – if any. Some drivers are 0% at fault and they are eligible to receive 100% of the damages they legally suffered. On the other hand, in California a person’s compensation is reduced by their percentage of fault.
Take this example: A person suffered $100,000 in damages after a car accident. The accident occurred because a driver turned right on red when a vehicle was coming. It may be found to be 95% their fault, but if the other driver involved was speeding, they could be found to be 5% at fault. That would reduce their $100,000 compensation amount by 5% for a total of $95,000. This is why determining and proving fault is so important.
Taking a Settlement or Winning a Jury Award Can Affect the Total Amount Received
If a person decides to settle outside of court, they could very well get less than they would if they won their case in court. However, the tradeoff is that they could also win nothing at court. When the at-fault party and the victim decide not to take a case to court, they are both winning something and losing something.
The at-fault party is admitting fault and agreeing to pay when they could very well win in court and not have to pay anything. The victim is accepting an agreement that is likely less than they would get from a jury in exchange for getting the money right away, reducing their legal burden, and avoiding the chance that they would get nothing from a jury.
If you have suffered an injury and want to know what your specific case may be worth, we strongly recommend you contact The Law Offices of Larry H. Parker at 800-333-0000 for your free legal consultation.