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Navigating Personal Injury Settlement Negotiations In California

Updated: Nov 17, 2022

California Personal Injury Law Tips From Our Top Rated Personal Injury Attorneys in Los Angeles

When you get into an accident, the negligent party considered responsible for the accident is also liable for expenses and other losses associated with the accident. This means that the party who caused your accident will also be responsible for paying your medical bills, property damage, income loss, and emotional damages.

That said, you won't always have receipts for every damage, injury, and loss you sustain. Not to mention, sometimes you won't know how much you lost unless you break it all down into a long list of expenses, property damage, and income loss.

So, before you do any negotiation, consider the following tips to get the most out of your Personal Injury Claim in California:

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1. Preserve Proof And Evidence

When negotiating a specific monetary payout, the burden of proof will be on you. Insurance adjusters will throw in a proposed value; however, they're sometimes not enough to cover all the damages you suffered in the accident.

That said, if you were to challenge that payout offer, it is then your responsibility to prove the total amount you need.

So, the best way to get the most out of your personal injury claim is to make sure you preserve all proof and evidence of your losses. You can do so with the following:

  • Seeing a medical professional and having all your injuries listed in medical records

  • Speaking with the police officers on the scene and getting your testimony on the police record

  • Contacting your employer to make sure missed work, salary, and other employment benefits are noted

  • Keeping receipts from hospital bills, rehab sessions, therapist appointments, car repair, and other property damaged and lost in the accident

  • Keeping a personal journal recording your experiences during and after the accident, including physical and mental pain, financial strains, employment difficulty, etc.

You can also submit these pieces of evidence to your California Attorney for Personal Injury, who will compile them and use them to build a solid case for you.

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2. Don't Immediately Agree To Insurance Offers

Most insurance companies immediately call after an accident is reported. You might get a call within a day or two after the accident. The adjuster might already have a proposed amount as a payout for your losses in the accident.

However, it's always better that you or someone on your end calculate the total damages. This is to make sure you aren't getting lowballed.

Here are a few factors that might be considered in a California Personal Injury claim:

  1. Economic Damages. These are quantifiable damages that receipts, records, and experts can easily prove.

    1. Medical Bills

    2. Medications

    3. Prosthetics

    4. Emergency Room and Ambulance Fees

    5. Property Damage

    6. Car Repairs

    7. Loss of Income (from missed workdays, lost benefits, reduced earning capacity, etc.)

  2. Non-Economic Damages. Includes "intangible" damages.

    1. Mental Problems

    2. Emotional Distress

    3. Loss of Companionship

    4. Loss of the Enjoyment of Life

    5. Reduction of the Quality of Life

That said, not everyone has the time or idea to correctly calculate their total damages. As a result, you might miss crucial damages like lost earning potential, emotional distress, and other losses that might not be easy to quantify.

That said, an experienced California Attorney for Personal Injury can help you calculate your losses, build a solid case, and help you find evidence to prove your total expenses.

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As mentioned, negotiations can be tricky. You must preserve your evidence and adequately calculate your damages while trying to recover and adjust to your injuries and expenses. You might also have to deal with insistent insurance adjusters who might not always give you enough monetary payout for your losses.

In other words, it's a whole lot of work for one person. You need a prescreened California Attorney for Personal Injury to help you preserve and collect evidence, build a solid case, negotiate with the insurance company, and take things to court when needed.

In most cases, insurance adjusters comply with your desired settlements with a strongly worded letter from your lawyer and agree to settle out of court. That said, if they still refuse, your California Attorney for Personal Injury is experienced in the laws and will know how to get their clients the settlements they deserve.

Find the Best Personal Injury Attorneys In Los Angeles (And Across California!) is a California Bar Association Certified Lawyer Referral Service that can refer you to a prescreened personal injury attorney that's fit to handle your unique case. In addition, you may contact us via our 24/7 live chat (or fulfill our case submission form) for a free initial consultation.


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Unlike other services, we maintain complete independence from the lawyers receiving these referrals, ensuring transparency and fairness.

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We conduct due diligence by researching and recommending the best local attorney for your case. 


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How to find the best lawyer for your legal case: 

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Your information will go directly to our 24 hour legal department bypassing our call center. You will get a reply via email within 15 minutes. 

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