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Accidents happen every day throughout California and result in injuries to the individuals involved. However, no two cases are exactly alike, and there is a wide range of outcomes and varying circumstances that ultimately lead to the exact amount of damages a victim may be entitled to receive for their personal injury settlement. Arming yourself with a clear understanding of the different settlement amounts that other victims of personal injuries have recovered under similar yet unique circumstances can help provide some reassuring peace of mind as you take on your claim with the representation of a trusted personal injury attorney.

What Elements Determine How a Personal Injury Settlement Is Calculated?

Before delving into some examples of personal injury settlements, it’s important to understand how different kinds of personal injury cases are categorized and how they factor into determining the precise amount of the settlement. Here are some of the primary elements that determine the overall financial value of a personal injury settlement:

• Severity of the Injury: Personal injuries are often categorized into three different tiers regarding their severity.
  • Tier 1: Includes traumatic brain or spinal cord injuries, permanent scarring or disfigurement, and death.
  • Tier 2: Broken bones, complex lacerations, and other injuries that require moderate surgical intervention.
  • Tier 3: More minor injuries that do not require any sort of surgery, such as sprains, strains, and contusions.
• Medical Bills: Medical expenses incurred as a direct result of the injuries sustained from the accident, including any expenses for future or ongoing medical treatment.
• Lost Wages: The victim’s age, current income, lost income from the accident, and future earnings potential that has been directly affected by the injury are all taken into account.
• Pain & Suffering: How the accident has impacted or altered the victim’s daily life and the activities they were accustomed to performing, whether the injuries are acute or chronic and require ongoing treatment, as well as any mental or emotional trauma.
• Insurance: The extent of coverage of the defendant's insurance policy.
• Legal expenses: Lawyer fees and whether or not the claim goes to trial can have a sizable impact on the overall legal costs of a given case, in addition to the stresses of a prolonged claim.

The overall severity of the injuries sustained, the finances of the individuals involved, the insurance policy, pain and suffering, and a litany of other factors can play into determining the fair settlement amount owed to the victim for their damages.

Personal Injury Settlement Amount Examples in California

Here are some of the average settlement ranges for the different kinds of personal injury claims in California:

• Car Accident: Approximately $20,000 - $30,000
• Commercial Truck Accident: Approximately $50,000 - $150,000
• Motorcycle Accident: Approximately $50,000 - $150,000
• Pedestrian Accident: $40,000 - $100,000
• Workers’ Compensation: $5,000 - $20,000
• Slip & Fall: $15,000 - $50,000
• Dog Bite: $30,000- $100,000

It’s important to note that the above examples are based on averages for accidents of moderate severity. Across most personal injury cases, some may settle for just a few thousand dollars for mild injuries, while others can settle for millions in overall damages for severe injuries. That’s why it’s essential to consult with an experienced personal injury lawyer to ensure that you receive a fair and accurate settlement for your injuries.

FAQs

Q: What Is the Average Personal Injury Settlement in California?

A: The exact amount of personal injury settlements can vary widely depending on several factors. There are cases when the victims involved receive less than a few thousand dollars as settlement for their damages, while others can receive settlements well into the millions. However, when taking into account all types of personal injury cases, the average settlement amount in California is typically between roughly $21,000 and $26,000.

Q: How Much Is Pain and Suffering Worth in California?

A: There are many factors that play into calculating the total worth of pain and suffering. The overall severity of the injuries sustained, as well as the length of time the victim suffers (ongoing treatments, etc.), are the primary elements used in determining the total worth of pain and suffering. In California, there is no limit to the amount that you can claim, aside from in medical malpractice cases, where there is a $250,000 limit for how much you can claim.

Q: How Much Can You Sue for Emotional Distress in California?

A: In California, a victim can sue for emotional distress in personal injury claims, except in workers’ compensation claims. There is no cap for the amount that you can claim, except for in medical malpractice cases, where you can claim up to $250,000. However, the plaintiff must be able to prove that they have or will suffer long-term emotional consequences, which can be difficult.

Q: How Do You Calculate Emotional Pain and Suffering?

A: Pain and suffering is typically calculated by one of two methods: the Multiplier Formula and the Per Diem Method.

• Multiplier Formula: Adds up all of the related economic costs, like medical bills and lost wages, then multiplies the total by a specific multiplier that ranges from 1.5x to 5x, depending on the severity of the injuries.
• Per Diem Method: Assigns a specific dollar amount or daily rate to every day that the victim experiences pain and suffering, then multiplies it by the number of days that they expect the suffering to continue.

Consult With the Right Personal Injury Firm

Hopefully, these examples of the various types of personal injury claims, the corresponding settlement ranges, and how they’re calculated in California can help ease your mind and set proper expectations for the long road of recovery ahead of you. However, you do not have to go through this alone, and these examples cannot replace the experience of a reputable personal injury lawyer. At Duque & Price, our entire team’s focus is on serving you by providing the legal guidance you need to clearly navigate the complexities of your unique personal injury case. No two circumstances, injuries, or people are the same, so our personalized approach aims to ease your stress and recover the full compensation that you’re owed. Give us a call or request a consultation.