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Written by BraffInside

Frequently Asked Questions About Personal Injury Damages

If you are like most people who are involved in a personal injury accident, you have lots of questions to ask your personal injury lawyer. The answers to the most commonly asked questions about personal injury damages may give you some insight into your most pressing questions.

Do I have to go to trial to win a settlement?

Personal injury lawyers in Bellflower know that you don’t have to sue the defendant in court to win a settlement. Approximately 95% of personal injury cases are settled out of court. You can easily win the settlement you want and need out of court. In fact, this is the preferred route for many plaintiffs since its outcome is more certain and it’s a far less expensive and more effective option than obtaining a settlement by suing the defendant in court.

Will a pre-existing injury affect my final settlement amount in any way?

Your personal injury lawyer will tell you that the answer to this question is, “generally speaking, no!” All you have to do is prove that the defendant’s actions or lack of them is what caused your personal injuries if you want to receive a settlement from him or her! Any injuries or their exacerbation by your current personal injury accident will not in any way affect your prospects of receiving a settlement from the defendant!

Is there a floor or a ceiling on the number of damages I can collect from my personal injury accident?

Once again, your personal injury lawyer will tell you that, “there is no floor or ceiling on the amounts of damages that you can collect from your personal injury accident!” This is because each personal injury accident case or claim is unique. The number of damages you can collect will depend on the nature, extent, and severity of the injuries that you sustained. The amount also depends on the policy limits of the insurance policy (if any) that the defendant carries. You should know that your settlement amount will never be greater than the limits of the defendant’s insurance policy.

What are pain and suffering?

Personal injury lawyers know that pain and suffering relate to the total emotional and mental distress and anguish that you have sustained because of your personal injury accident. It can also include the inability to engage in activities that once gave you lots of pleasure like swimming, knitting, or writing!

What is comparative negligence?

There are two components to this concept in personal injury law. They are comparative negligence and contributory negligence. This only applies if you were partially at fault for your personal injury accident. In this instance, the amount of your final settlement will be reduced by the percentage of your fault. It can even be completely negated if your percentage of your fault is more than 51%. It just depends on many factors which include the model and rules for comparative negligence that your state follows.

What is subrogation?

This is a clause that is found in all insurance policies. It states that you have to pay your insurance company back the amount of money it paid you to recover from the personal injury accident before you received a settlement from the defendant

When should I settle my case?

Accept a settlement amount only when you have reached a state of maximum medical improvement (MMI) You won’t have any more medical or related expenses after you have reached this state. It can help you win your own personal injury claim or case.

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