What You Need to Know About Valuing Your San Diego Personal Injury Accident Claim
Being injured in a personal injury accident in Southern California or San Diego can be a life-altering event that can change the quality of your life forever. Fortunately, under California law, you may recover compensation from the negligent party who caused your injuries.
You need to know how much your personal injury claim is worth to determine what you can expect to recover when you file your claim. Mark Blane at The Law Offices of Mark C. Blane, APC, is an experienced San Diego personal injury lawyer who can determine the value of your claim and will fight with the insurance company so that you obtain the damages you deserve to help you recover from your injuries and rebuild your life.
If you've been injured in a personal injury accident in San Diego or Southern California due to a business or individual's negligence, you may be entitled to compensation for your injuries. It is crucial for you to know how much your personal injury claim is worth before filing your insurance claim. This can help you decide whether pursuing a claim is worth your time and energy. It can also help you know what you can realistically expect to happen in your personal injury accident case. At the Law Offices of Mark C. Blane, APC, my legal team and I are here to assess your claim accurately and ensure you receive the compensation you deserve.
Types of Personal Injury Accident Cases I Handle
I help victims of many types of personal injury accidents seek justice and recover the damages they are entitled to under California law. Here are the types of personal injury accident claims I can assist you with:
- Car accidents. Drivers' negligence is the leading cause of auto collisions in Southern California. Speeding, making unsafe lane changes, texting while driving, and intoxication are a few of the ways that motorists cause tragic car accidents.
- Truck accidents. Crashes involving trucks can lead to catastrophic injuries or death. They are often caused by the truck driver's unsafe driving or the trucking company’s violations of Federal Motor Carrier Safety Administration (FMSCA) safety regulations. I understand these cases' unique challenges and have successfully represented many clients in truck accident cases.
- Motorcycle accidents. Motorcycle riders are much more likely to be killed in a motorcycle accident because they only have their helmet and clothes to protect them. Speeding, drunk driving, and distracted driving are a few causes of preventable motorcycle accidents.
- Pedestrian accidents. Pedestrians can suffer life-altering injuries or death if drivers fail to yield the right of way to them in a crosswalk or at an intersection, don't see them because they are distracted by their phone, or drive when they are intoxicated.
- Bicycle accidents. Many San Diego and Southern California residents prefer to use a bicycle rather than a car to get around town. Unfortunately, tragic bike accidents can occur when motorists violate California traffic laws and engage in other negligent driving practices.
- Dog bite injuries. A dog owner may be strictly liable to compensate you under California's dog bite laws if you suffer injuries due to their dog mauling or biting you. I am dedicated to ensuring that you receive the compensation necessary to cover your medical expenses and wage losses and address the emotional toll of a dog bite incident.
- Child injuries. Children are particularly vulnerable to severe injuries if they are the victim of a personal injury accident. I recognize the long-term impact such incidents can have on the child and their family. I can also ensure you follow the special procedures for settling child injury claims under California law.
- Wrongful death. Having a loved one be killed due to someone else's negligence is devastating. My staff and I are committed to helping families pursue wrongful death claims and seek the compensation needed to deal with the financial and emotional aftermath of the tragic death of a family member.
Types of Compensation Awarded in San Diego and Southern California Personal Injury Accident Claims
While it is essential to have an experienced personal injury attorney value your claim, it is useful to understand what goes into valuing a personal injury accident claim. The first step in the process is determining the total compensation you could obtain if you win your case in full. Here are the types of compensation you may recover from the negligent party:
Medical Expenses
You should be compensated for your medical bills, including hospital stays, surgeries, medications, doctor appointments, diagnostic tests, and physical therapy, in your settlement. You can also be reimbursed for the cost of assistive aids or a caregiver at your home if you need them due to your injuries.
Lost Income
If you have to take time off work while recovering from your injuries, you may be entitled to reimbursement of your lost wages, lost sick and vacation time, other job benefits, or self-employment income. You may seek lost earning capacity damages if you can no longer work or must take a pay cut due to your injuries.
Pain and Suffering
Accident injuries often cause physical pain and emotional distress. Monetary compensation for pain and suffering compensates you for the intangible toll your injuries have taken on your overall well-being and quality of life.
Property Damage
If your property, such as a car or cellphone, was damaged in a personal injury accident, you can obtain the cost to repair or replace your property.
Punitive Damages
Punitive damages may sometimes be awarded to punish the at-fault party if you have clear and convincing evidence that the defendant engaged in malice, oppression, or fraud. When applicable, I will seek this type of damages to maximize your compensation.
Factors Affecting the Value of Your San Diego Personal Injury Accident Claim
The second step an experienced personal injury lawyer will take in valuing your personal injury accident claim involves evaluating the factors that impact how strong or weak your case is. These factors will influence your claim's value and the damages you can realistically expect to receive in your insurance settlement. Here are the leading ones I consider when determining the value of your personal injury accident claim.
Seriousness of Your Injuries
The severity of your injuries directly impacts the value of your claim. If you have permanent injuries you will never fully recover from, your claim's value will be greater than if you suffered a minor injury. My team and I will work with your doctor and other medical professionals to accurately assess the extent of your injuries and their long-term consequences on your ability to work and your quality of life.
Your Credibility
Your credibility as a claimant is crucial to having a strong case and receiving the maximum recovery in your settlement. I can help you avoid making mistakes that hurt your claim. I will also share tips on presenting your case in the best light, ensuring that the insurance company and, if necessary, a jury understand the legitimacy of your claims.
Disputes about Liability
Disputes about who is at fault can complicate your case and make the settlement process take longer. The insurance company could claim that you were partially to blame for the personal injury accident even if you were not at fault. My legal team and I will meticulously investigate the incident and collect the evidence you need to establish liability and strengthen your claim.
Insurance Coverage Available
The at-fault party's insurance coverage is vital in valuing your personal injury accident claim. The negligent party's insurance company is only obligated to pay you up to the insurance policy limits. To ensure you are fully compensated, you need to retain a skilled San Diego personal injury lawyer who will thoroughly investigate the cause of your accident and pursue claims with all liable parties.
Your San Diego Personal Injury Lawyer
Having an experienced personal injury attorney on your side is a critical factor in how much your claim is worth. You need a lawyer with experience successfully settling personal injury accident claims like yours. You also want an attorney with a track record of winning these cases at jury trials and who will litigate your claim if this is in your best interests.
At the Law Offices of Mark C. Blane, APC, my staff and I are dedicated to helping you understand and maximize the value of your personal injury claim. Your well-being is our priority, and we are committed to guiding you through the legal process with compassion. I will also aggressively fight with the insurance company so that you recover the damages you deserve.
