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What Factors Impact an Injury Settlement in California?

Torem & Associates

Whether you are in a car accidentbicycle crashpedestrian accidentslip and fallmotorcycle crash, or commercial truck accident, you can seek compensation from the party who is responsible for the accident. The amount you can recover for an injury settlement depends on a variety of factors.

The insurance adjuster for the other party will not tell you if you are settling for less than your claim is actually worth. Our Fresno personal injury attorneys can tell you if an injury settlement is fair or if you should decline the offer and demand a higher amount based on the factors of your case.

Factors to Consider When Settling an Accident Claim

One or more of the following factors may have a significant impact on the amount of money you can receive for your injury settlement:

  • Type and Severity of Injuries — Suffering a broken bone that can be set with a cast is different from suffering a complex fracture that requires surgery and physical therapy. The severity and type of injury impact your settlement because more severe injuries result in higher medical costs. A portion of your injury settlement is reimbursement for your medical bills. The cost of all medical-related services should be included in your injury settlement.
  • Time Out of Work — In addition to medical costs, you are entitled to be reimbursed for loss of income due to the injury. Therefore, the more time you miss from work, the higher your claim will be for the loss of income.
  • Permanent Disability — Suffering a permanent disability can increase the amount you may recover for your claim. In addition to being reimbursed for future medical costs and lost wages because of your permanent injury, you are also entitled to receive pain and suffering damages because of the permanent injury.
  • Available Insurance — In some cases, the insurance company does not dispute your claim, but your claim exceeds the insurance coverage for the at-fault driver. Therefore, you can only receive an amount equal to the policy limits. Because many drivers carry minimum automobile insurance coverage, you might want to consider purchasing underinsured motorist coverage to protect you if you are injured by a driver who carries only the minimum insurance amount.
  • Pain and Suffering Damages — When you are injured in an accident, you suffer emotional stress, physical pain, and mental anguish because of your injuries. Your life is disrupted and the injuries might impact your ability to perform daily tasks. Your injuries may also impact your relationship with friends and family members. You are entitled to be compensated for the “pain and suffering” caused by the accident. Because pain and suffering damages are subjective, it helps to have an experienced Fresno personal injury attorney to assist you in preparing a settlement demand for pain and suffering damages.
  • Potential Costs of Trial — An insurance company factors in the potential costs and possible outcome of a trial when it negotiates an injury settlement. If the company believes that you have a strong case, it might be more willing to settle for a higher amount. You want to work with a Fresno injury lawyer who can present a strong argument for maximum compensation.

Additional factors may impact your ability to settle for maximum compensation. Our attorneys offer free case evaluations so that you can discuss your injury claim in detail.

Call Our Fresno Personal Injury Attorney for a Free Consultation

Contact Torem & Associates by telephone at (888) 500-5000 or online by using the contact form on our website.


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