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Which Factors Influence the Value of a Personal Injury Claim?

If you've been injured by someone else and their negligence, it's natural to want to know the value of the personal injury claim you can bring and what factors may affect that value. The best way to know for sure is to talk to a personal injury attorney in Victorville, CA right away about the specifics of your claim.

Which Factors Influence the Value of a Personal Injury Claim?

The Extent of Your Injuries

The most important factor is usually the extent of your injuries, and there are a couple of reasons for this. First, the higher your economic damages, the larger your claim will be. "Economic damages" encompass every loss for which you have a receipt or a bill, and the greater your injuries, the higher your medical bills are likely to be.

There are also non-economic damages, and these are usually calculated with reference to your economic damages. The most common way of doing this is to multiply your economic damages by a number between one and five. The more serious your injuries are and the more time it takes to recover from them, the higher that second number will be.

The Skill of Your Victorville, CA Personal Injury Attorney

Another important factor is the skill of your attorney. A good attorney knows how to put pressure on an insurance company in negotiations to get the highest settlement for a client. A skilled attorney also knows what tricks to look out for to protect you and your settlement, and an attorney with experience will make sure nothing is missed as you calculate your settlement, so you don't lose out unnecessarily. And of course, if necessary, a good attorney isn't afraid to take things to court if it comes to that.

The Possibility of Punitive Damages

Punitive damages are very rare, but if they are merited in your case, this can greatly increase the value of your claim. Punitive damages don't reimburse you for any actual loss. Their intent is to punish the person who harmed you to send a message that deters others from engaging in that kind of conduct. Punitive damages are usually awarded only where a defendant's conduct has been particularly egregious or where they have intentionally caused harm.

Liability and Comparative Fault

California law allows you to recover compensation even if you are partially at fault for your own injury. Unlike in some states, where you are barred from bringing a claim if you're 50 or 51% at fault or more, in California you can bring a claim even if you're 99% at fault. However, your compensation will be reduced by the same percentage as your fault. If you were 60% at fault, then, you could only recover 40% of your damages.

Insurance Policy Limits

If your injuries and losses exceed the amount of insurance coverage the liable party has, it can be very difficult to get everything you're owed. A lawyer can help you explore all your options here.

To get help with your personal injury claim, contact the Law Offices of Vondra & Hanna in Victorville, CA right away to request a free consultation.

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When Can a Manufacturer Be Held Liable for a Defective Product?

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