There are various factors that could affect how much compensation you receive after sustaining an injury caused by another party. A qualified San Jose personal injury attorney will examine the facts of your case and work with various experts to help properly calculate the total compensation you are entitled to. Some of the main factors that can affect compensation in these cases include the following:
The severity of the injuries. Without an injury, there will be no forthcoming personal injury settlement. That said, the more severe the injury, the more likely it is that the settlement will be substantial. Relatively minor injuries may not result in a large settlement, but injuries that lead to scarring and disfigurement, temporary or permanent disability, and a lowered quality of life or generally likely to result in higher settlement amounts.
Whether there is any shared liability. If you sustain an injury that was completely caused by another individual or entity, you will likely be entitled to the full compensation amount that is calculated for your claim. However, there are times when injury victims contribute to their own injuries in some way. This shared fault could reduce the amount of compensation the victim receives. California operates under a pure comparative negligence system, which allows injury victims to recover compensation even if they are partially at fault (up to 99% at fault). However, the total amount of compensation awarded will be reduced based on the percentage of fault the injury victim shared for the incident.
Insurance limitations. The compensation an injury victim receives is often capped by the insurance policy coverage limits of the at-fault party. Insurance carriers will do everything they can to not pay large settlements, but there are times when they do have to pay up to their policy limit. However, the insurance carrier is not going to pay more than the policy says they have to pay. If an injury victim’s total losses exceed the insurance policy limits, it may be necessary for the victim to file a personal injury lawsuit against the at-fault party to recover any additional compensation.