Automobiles are the most popular mode of transportation in Los Angeles. LA is known for its bumper-to-bumper traffic and the high number of serious accidents. The following factors can affect the amount of compensation you receive in a settlement if you are injured in a car accident caused by another driver:
The severity of your injuries
In determining the value of your personal injury case, the most important factor is the severity of your injuries.
- The higher your medical costs, the better
- The longer you miss work, the more time it will cost.
- The more suffering and pain you experience, the greater your pain.
Are your injuries permanent or long-term?
Maximum Medical Improvement (MMI), is when your medical condition has reached a point where it is unlikely that you will see any improvement. You will hopefully reach MMI soon. You might be able to make a complete recovery with a little luck.
Comparative Negligence
California applies a Pure comparative negligence system for car accidents and personal injury. If more than one party is at fault for an accident, the court will assign a percentage equal to that party’s share.
Failure To Mitigate Damages
It is a well-established principle that you cannot be compensated for damages you could have avoided with reasonable care. This is called a “failure of mitigation damages” by lawyers. You can still get compensation for damages that are not the result of your failure to mitigate.
Insurance Policy Limits
The amount you can recover under an insurance policy limit is limited unless:
- The defendant is able to pay from their own pockets
- Under certain circumstances, you can also find a second defendant (for example, the defendant’s employer).
How Much You Earned Before the Accident
You may be eligible for compensation for lost earnings if you have a valid personal injury case. You will lose more money if you are unable to work because you earned more before the accident. Higher income equals higher compensation for lost earnings or lost earning potential.
Out-of-Pocket Costs
Here are some examples of common out of-pocket expenses:
- For outpatient consultations and outpatient treatment, hotel accommodations are available
- Insurance deductibles
- Medication (prescription or over-the-counter).
- Medical equipment
- Home modifications, such as a wheelchair ramp
- For your vehicle, towing, storage and repair costs
- Car rental fees
- When you are incapacitated, child care
- Parking fees and other transport costs (for example, bus/train fares)
- If you are having difficulty dressing and bathing, consider in-home care
Make Your Own Mistakes
You could make mistakes that could cause damage to your car accident claim.
Here are just a few:
- Delaying medical attention: The opposing party might be able to claim that your injuries were not caused by the accident.
- Social media use while your claim is pending Your insurance company may use social media posts against you in court or settlement negotiations.
- Making inconsistent statements Insurance companies can use inconsistent statements against your, and they are skilled at making you contradict yourself. You should insist that the insurance company speaks to your lawyer about your case.
- Making statements an insurance company can manipulate to their advantage: An adjuster at insurance can use even the smallest details to doubt the validity of your claim.
The Skill of Your Los Angeles Car Injury Lawyer
Do not underestimate the power of a skilled lawyer. It is best to assume that the defendant has hired a top-notch lawyer. Then, hire one. The contingency fees system that most personal injury lawyers use doesn’t require that you pay anything out of pocket. This means you can still hire the best lawyer, even if your budget is tight.
Summarized from an article by M&Y Personal Injury Lawyers.
