Frequently Asked Questions About Personal Injury Damages
Most people who file personal injury claims have many questions about the types of compensation that they are entitled to. If you ask your lawyer, he or she will tell you the following:
Do I have to go to court to get a settlement?
Your personal injury lawyer in Cathedral City will tell you that you can win a settlement out of court. In fact, he or she will inform you that most personal injury cases settle out of court. If you have non-economic or economic losses (damages), you’ll likely be eligible for a settlement. You can always get a settlement from the defendant’s insurance company.
How do pre-existing injuries affect my claim’s value?
Your lawyer will tell you that you will have to prove that the defendant acted in a negligent manner. You will also have to prove that it was this negligence that caused your injuries. Your personal injury lawyer will inform you that this is the only way you can win a settlement if you have pre-existing injuries.
Does my settlement value have a ceiling or a floor?
Your lawyer will tell you that settlements don’t have a ceiling or a floor. You can win any amount either in or out of court. What matters is the total value of your non-economic and economic losses. That is what your final settlement’s value will be based on! Non-economic and economic values include:
● The total amount of your medical bills
● Lost wages and income
● Future medical bills
● Your age and current earning capacity
● Any permanent disabilities you have because of the personal injury accident
● Loss of pleasure and inability to participate in activities
● If you’ll be a good witness on the stand
● Strength of the testimony of other witnesses
What are pain and suffering?
This refers to the physical pain that you endured in your accident. It also refers to the mental anguish and deteriorating mental state (including anxiety and depression) that you suffer from because of your personal injury accident. It also includes your inability to enjoy activities and hobbies that gave you pleasure. This includes sex.
Define comparative negligence
This refers to the percentage of fault that you share for the accident. Your settlement will be reduced by your percentage of fault. It may even be negated if you share 51% or more of the fault in the personal injury accident.
What is subrogation?
Basically, if an insurance company compensated you before you received your settlement, it is entitled to be paid back the money that it paid to you.
When is the best time to settle?
You should settle when you have reached a stage of maximum medical improvement (MMI).
You can indeed win your personal injury case provided you hire a good personal injury lawyer and are well aware of the information discussed in the answers to the most frequently asked personal injury accident questions.