Our San Jose Personal Injury Lawyer Discusses the Value of a Personal Injury Claim
Your San Jose personal injury lawyer from Costanzo Law Firm, APC understands that all personal injury claims are not created equal. There are several factors that are used when determining the value of a personal injury claim. Plaintiffs often do not understand why their particular injury claim does not equal a claim of other injured people they know with a similar injury. The difference is that claim values are usually attributed to the severity of the injury, which increases medical bills, and the lost wages of the injured party. In addition, there are also specific caps on medical malpractice claims that result in personal injury. The demand value often depends on the type of personal injury case, and is usually based on two primary categories.
Medical Bill Reimbursement
The first component your attorney will use in determining your demand value is calculating your medical bills. This number includes combining all of your current medical bills, including expenses for transportation to and from medical treatment appointments. In addition, there can be ongoing medical treatment for serious or debilitating injuries that can also be figured into the equation. All insurance companies request a release for future medical expenses in a settlement offer, and your San Jose personal injury lawyer should ensure a maximum settlement in this situation. This condition can easily result in receiving a cap on the insurance coverage in many cases for catastrophic injury, including medical malpractice injury claims.
The next primary component of determining a claim value is focused on lost wages. Young people who are paid a high salary can easily be assessed a much more valuable settlement than those with standard middle class or low-wage employment. It is important for your San Jose personal injury attorney to be able to accurately document your salary with pay records. This means that injured individuals who are self-employed may have a claim value less than those in a higher income bracket.
The state of California has set limits on how much a plaintiff may demand for a personal injury regarding lingering injuries. This is determined by the amount of recovery time necessary for an injury to heal, including ongoing functional problems, which is then applied a multiplication factor. Having an experienced and aggressive San Jose personal injury attorney can mean the difference is a maximum award or a lesser settlement.