How Are Personal Injury Settlements Paid Out?

Personal Injury Claims, Insurance Payouts, And Damages For Plaintiffs In California


If someone else's negligence caused you injuries, the negligent party is considered liable for all the expenses and losses you suffer. The most common example of this would be a car accident, where the negligent driver would be regarded as responsible for any injuries, property damages, and other out-of-pocket expenses you have. This process is very common in insurance payouts.


However, what happens in a Personal Injury settlement in California, and how does it differ from insurance payouts? How are you paid, how much is it, and who pays for it?


Let's talk about Personal Injury Laws, as t hey are often handled by Top Rated Personal Injury Attorneys in Los Angeles:




The Difference Between An Insurance Claim And A Personal Injury Claim


After getting into an accident, the negligent party will need to compensate you for your losses. These days, people don't have to pay out-of-pocket. They just need to call their insurance provider to deal with your damages.


However, some insurance offers are simply not enough. What you need to remember is that insurance companies are businesses, and it is in their interest to give you the lowest possible payout.


So, when the negligent party or an insurance company refuses to give you the payout you deserve, you can file a Personal Injury Claim in California.


In most cases, getting a California Attorney for Personal Injury before the insurance company calls you is the best course of action. Leaving them to speak with your lawyer should shield you from any underhanded tactics that might lead you to agree to unfair payouts.


How Are Damages Calculated?


The point of damages is to compensate an aggrieved party. The payout is meant to get the plaintiff back a state before the accident happened. For example, if you suffer property damage due to the accident, the negligent party should compensate you for the total losses caused by the property damage.


That said, what are the types of losses that you can be compensated for? Here are the three types of damages you might be paid:




1. Economic Damages


These are quantifiable damages. These damages could include:

  • Medical expenses

  • Medications

  • Hospital bills

  • Property damage

  • Lost income

  • Lost earning potential

Economic damages are often easy to prove with receipts, invoices, and other documents. However, economists and other specialists can provide the required monetary values if these documents aren't available. For example, you can have an economist look at your current earning capacity and calculate your potential to earn based on work performance and possible promotions.


2. Non-Economic Damages


These damages are considered "intangible". This is because they're much harder to quantify, but these losses and damages could still significantly affect a plaintiff.


Non-economic damages could include:

  • Emotional Distress

  • Psychological trauma

  • Loss of companionship

  • Loss of the enjoyment of life

It is impossible to put a price on someone's suffering. However, compensation for these damages can help alleviate a plaintiff's mental well-being and help them recover from the accident.


Since these damages often need to be proven and justified, getting a California Attorney for Personal Injury will help you build a solid case for all your losses.


3. Punitive Damages



These damages are often rarely given. Instead, they are primarily awarded for especially egregious situations.


Punitive damages are handed down as punishment to the negligent party, often as a way to teach them a lesson. These don't have to be tantamount to any economic or non-economic losses you have.


Bottom-line


Personal Injury Claims give acc


ident victims an opportunity to fight unfair payouts. The defendant, their insurance company, and their legal team might try to trivialize their negligence or your injuries to deny or reduce your damages.


Getting a California Attorney for Personal Injury is your best bet against these underhanded methods.


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