Facts about Negotiating California Personal Injury Settlements
October 11, 2019
You may have the right to get compensation if another party’s
negligent or reckless act brought about your injuries. Many injured people
understand that, but they do not understand what to say and what to do to
negotiate a fair settlement. To settle your personal injury claim for no
compensation is the last thing that you would want.
Your Insurer’s Role
in Negotiating an Injury Settlement
You have perhaps been told that most California injury cases are
settled before they go to court, but do you know that most of those are settled
for an amount which falls short of what the injured parties deserve? A reason
why this occurs is that several injured parties settle their injury claim
without relying on an attorney and without the required experience and tools to
achieve the deserving results.
Insurers cannot be happier than dealing with one, who is not legally
represented. This presents them with a chance to shift the blame onto the
victim, pointing at insurance policy terms and conditions that they invent.
These non-existing details in the victim’s policy reduce compensation.
The first step that you need to take before trying to negotiate it is
seeking immediate medical attention. Your physician will need to find out the
What kind of injury you sustained;
How serious it is;
How it will impact your quality of life and earning capacity;
What form of treatment you need to recover;
Whether you will completely recover or not; and,
Approximate how much money your treatment will cost.
After your medical professional determines, evaluates and documents
all of the aforementioned elements, you can go ahead with your injury claim.
and General Damages
Unfortunately, several injured parties ignore this step, assuming that
their insurer will calculate everything for them. You should never think that
the things they calculate reflect the real level of your damages.
Special damages include loss of income, medical expenses, property
damages, and several other tangible costs. Future monetary loses can be
regarded as tangible costs too, provided that determining how your condition
will influence your earning capacity is easy.
It is pretty difficult to calculate general damages without the help
of a personal injury lawyer. This is because there is no receipt proving your
damages, and no formula to work out intangible costs either. These damages
include pain and suffering, loss of enjoyment and emotional distress.