10 Factors Influencing Compensation Amount

Here are some key factors that can influence the final compensation amount:

1. Type and Severity of Injuries: The extent and seriousness of your injuries play a significant role. This includes medical bills, ongoing treatment costs, rehabilitation expenses, and any potential future medical needs.
2. Lost Wages and Income: If your injuries led to missed workdays or reduced earning capacity, you may be eligible to claim compensation for lost wages and future income potential.
3. Pain and Suffering: Non-economic damages like pain, suffering, emotional distress, and loss of enjoyment of life are also considered. Assigning a monetary value to these factors can be complex and often involves negotiations.
4. Property Damage: If your personal property, such as a vehicle, was damaged in the incident, you can seek compensation for repair or replacement costs.
5. Liability: Determining who is at fault for the accident is crucial. If you share some responsibility, California’s comparative negligence system may impact the final compensation amount.
6. Medical Records and Expert Opinions: Thorough documentation of your injuries, medical treatment, and their impact on your life can strengthen your claim. Expert opinions may also be necessary to validate your injuries and projected expenses.
7. Duration of Recovery: The time it takes to recover and the impact of the injuries on your daily life are considered. Long-term or permanent disabilities generally result in higher compensation.
8. Insurance Coverage: The at-fault party’s insurance policy limits will affect the maximum amount that can be recovered. If the responsible party has limited coverage, it could impact the available compensation.
9. Negotiation Skills: An experienced personal injury attorney can skillfully negotiate on your behalf to ensure you receive a fair settlement that considers all your damages.
10. Precedents and Case Law: Legal precedents and past verdicts in similar cases can provide a benchmark for estimating compensation amounts.

To accurately assess the potential compensation in your case, it’s advisable to consult with a qualified San Jose personal injury attorney who can evaluate the specific details of your situation and guide you through the process. Our team has had success recovering millions of dollars for past clients.

Call our San Jose injury firm for a free consultation today – pay nothing unless we win.

Is There a Statute of Limitation for Injury Claims in CA?

Keep in mind that California has a statute of limitations of two years from the date of the injury for filing personal injury claims, so it’s important to take action within the appropriate timeframe. If the injury was not uncovered right away and was diagnosed at a later date, then you have one year from the date the injury was discovered.

Common Personal Injury Claims We Handle

• Brain Injuries
• Burn Injuries
• Broken Bones
• Spinal Cord Injuries
• Lacerations and Cuts
• Internal Organ Damage/Bleeding
• Neck/Back Pain & Whiplash
• Amputation or Loss of Limb Use
• Paralysis & Nerve Injury
• Vision and Hearing Loss
• Soft Tissue Injury
• Wrongful Death

If you’re not sure whether your accident fits into any a specific category, don’t worry. Our top-rated San Jose injury attorneys know that every situation is unique and will work to provide you with a legal solution that is tailor-fit to your needs and circumstances.