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Should I Accept a Settlement Offer or File For Damages in My California Personal Injury Claim?

Posted by Dan Kann | Sep 15, 2021 | 0 Comments

The compensation in a personal injury claim usually depends on the nature and magnitude of the injuries. Calculating and assigning the correct value to your claim is the first and probably the most crucial step in the process. Exaggerating your claim and presenting an inflated figure might force the defendant to presume that you do not wish to settle. On the other hand, an underestimation may end up leaving you shortchanged. 

How Should You Handle the Insurer's Settlement Offer?

There might be no clear-cut answer to this pertinent question as it heavily depends on the nature of your injuries and your understanding of the true value of your claim. In case of minor injuries, you can calculate the value based on the cost of treatment and other losses.

However, calculating the value of your personal injury claim can be complicated in event of grievous injuries which might involve ongoing treatments and additional tangible and intangible costs related to your injuries. 

Have a look at some of the costs you must add up to evaluate the true value of your claim:   

  • Cost of the medical treatment
  • Lost earnings or wages
  • Cost of any damages to property
  • Miscellaneous costs related to the injuries

If you believe there are no future costs or losses to bear apart from the ones already incurred by you, you may accept a reasonable settlement offer to cover those costs, from the insurance company. 

But, if your medical treatment expenses, loss of wages, and other costs seem likely to persist or increase, you must aim for a settlement amount to cover not just the current expenses, but also the anticipated ones. In this case, you must contact an experienced personal injury attorney to investigate, assess, and calculate the true value of your claim.

Should You File a Lawsuit to Recover Damages?

If someone else's fault, wrongdoing, or negligence caused your personal injuries, you might need to file a lawsuit to seek and recover financial damages. A seasoned personal injury lawyer will try to reach a settlement and avoid the costly and time-consuming litigation process.

There are two types of personal injury damages in California:

  • Compensatory
  • Punitive

An insurer aims to always pay out the least amount on a claim. If your compensation claim goes to trial, the judge or the jury decides on the valuation of your claim and the damages to award. The California comparative fault law also comes into play as the courts evaluate the extent of your culpability in the accident.

To reach a conclusion, the court takes into consideration several factors like location, credibility, visible injuries, and long-term pain and suffering. However, all these factors being subjective, it is imperative for you to hire a competent personal injury lawyer with experience in such litigations.     

Contact a Personal Injury Lawyer with Experience in Calculating Claims

You need to hire a California personal injury lawyer to correctly calculate economic and non-economic damages, potential punitive damages, and any future expenses that might be unclear. The personal injury lawyers at Kann California Law Group are experienced in handling lawsuits and have access to professionals to calculate expenses to help you recover the damages you deserve. Call our toll-free number (888) 744-7730 or contact us online today to schedule a free and confidential consultation.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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