How to Calculate Your Car Accident Settlement Value in Ontario California
Calculating Car Accident Settlement Value for Your Case – Many factors are at play in determining the value of a car accident bodily injury settlement amount. Some of the factors are objective facts surrounding the accident and injury, while others are subjective based upon the perspective and interests of the involved parties.
A Complete Analysis of Your Case is Required
Only after full discovery and only after a complete analysis by a licensed and competent Ontario car accident attorney can a true opinion on settlement be rendered by a lawyer to their client. With that said, what follows is a list of factors that an attorney might consider when evaluating the dollar value of a car accident injury lawsuit or insurance claim.
Anyone speculating as to the value of a truck, car, motor vehicle, bicycle, plane or train accident where bodily injury or death results should immediately contact a local lawyers office for guidance and possible representation. While the information provides insight into the thought processes of an experienced auto accident lawyer, it cannot and should not constitute a legal analysis of an individual's actual case value. Remember, no one knows the future and both sides must find common ground to have a settlement. Therefore, take the following factors for what they are worth, as guidance on how to have a meaningful conversation with the firm providing representation to the injury victim.
Important Factors at Play in Determining Car Accident Settlement Amount for Ontario California Residents
Fault – Where fault, also known as liability, falls on the other party without dispute, car accident settlement value will depend mostly on the nature and extent of the injuries suffered by the plaintiff. Where fault is not clear or likely to be split equally between the two parties to the lawsuit, the settlement value will depend on the severity of the injuries plus either an offset for comparative fault or a discount on the basis that liability could go against the plaintiff. When considering a settlement, consider whether the fault for the accident is clearly against the defendant. If it is, move to the next factor. If you were partially at fault then the car accident settlement value will be discounted.
How Badly Were You Injured?
Nature and Extent of Sustained Injuries – Next consider the nature and extent of the bodily injury suffered as a result of the car accident. Severe injuries that are permanent in nature are generally worth more money. Do x-rays, MRIs or nerve conduction tests show objective injury? If the injury victim complains of severe pain in the neck but comes out with a clean MRI, that person must face the fact that the value of there case may not be as much as someone with an objective disc herniation or fractured vertebrae.
While neck strain and pain is worth something, the cost of medical care usually (not always) drives claim value in personal injury auto collision claims. Surgical injuries are more severe. The more objective findings, the greater the cash settlement value. If liability is clear and the nature and extent of the injury are also severe, consider it a bigger case.
How Deep are the Defendant's Pockets?
Pockets of the Defendant – Finally does the opposing party have enough money to pay the damages? If the defendant is poor without insurance, there is no money to collect. This is why I always advise my clients, friends and family to buy extra protection in the form of uninsured insurance coverage from their own car insurance carrier. If there is no insurance and the defendant has no assets it will be hard to recover. The lawyer should be able to investigate the defendant's insurance policy prior to a settlement demand to discover exactly what type of recovery is possible.
Subjective Factors Impacting the Car Accident Settlement Value
Subjective Factors – Sometimes a party fights a claim extra hard for reasons beyond the understanding of the opposing party. For example, some insurance carriers decide to litigate cases despite clear liability. You are going to have to prove their liability in court. This can happen for a variety of reasons. Sometimes the insurance carrier has limited exposure, so they won't settle for the policy limits. In California, this could open the insurance company up to paying more than their policy. Sometimes the lawyers for the insurance carrier want to rack up larger legal bills before ending the case. This can cost the plaintiff more money to prosecute the case. These greater expenses might include increased attorney fees and costs of filing, expert witness fees and depositions.
Best Auto Accident Injury Lawyer Advocates in Southern California
Those searching for the best auto accident injury lawyers should consider contacting Napolin Law immediately. The firm focuses on litigation of personal injury claims in the arena of car collisions. With decades of litigation experience, the firm brings major firepower to the litigation table. At the same time, the lawyers are compassionate and communicative with all of the clients they represent. This allows the client to make the best decision regarding settlement of their claim.
Free Consultation with an Experienced Personal Injury Attorney in Ontario California
Napolin Law offers free case consults to victims involved in motor vehicle collisions of any kind. During the first consultation, the prospective client speaks directly with a veteran litigation advocate. Speak with the lawyers at Napolin, you will know that we mean business AND that we care. Let the lawyers at the best law firm in Ontario California fight and fight hard for maximum recovery! Contact the firm right now to speak to a licensed auto accident lawyer in California! 909.962.8415, or read more about the firm's philosophy at www.napolinlaw.com.