What Happens in Personal Injury Claims?

The stunning and difficult-to-explain decline in the plaintiffs’ trial-winning percentage greatly affects personal injury claims. In the olden days, victims won about 75 percent of jury trials. So, during pretrial settlement negotiations, they made “take it or leave it” settlement offers, which, in most cases, insurance companies accepted. Now, the plaintiffs’ winning percentage is only 35 percent. So, the tables have turned during pretrial negotiations.

Back in the day, almost any lawyer could handle a personal injury case since most insurance companies folded faster than Superman on laundry day. However, since insurance companies are no longer scared of trials, and in fact, like their odds, only a good, well-prepared Los Angeles personal injury lawyer can successfully resolve a car crash, slip-and-fall, or other personal injury claim. Mediocre, ill-prepared lawyers must take the first offer if they hope to get anything.

Pinpoint the Responsible Party

If Amy runs a red light and causes a t-bone accident, she’s legally responsible for damages, right? Not necessarily.

If Amy was a commercial driver, like a delivery driver, her employer is legally responsible for personal injury claim damages. The respondeat superior doctrine applies if the tortfeasor (negligent actor) was an employee acting within the scope and course of employment at the time. California law defines these elements so broadly that anyone affiliated with an organization, including a substitute or unpaid volunteer, is an employee acting within the course and scope of employment.

Furthermore, the owner could be legally responsible for damages under the negligent entrustment doctrine if Amy borrowed someone else’s vehicle, like a parent’s or a roommate’s car. California law is very complex in this area.

Premises liability claims, such as swimming pool drownings or falls, involve similar issues. If Amy slips and falls in a grocery store parking lot, the mini mall’s owner, not the grocery store, may be liable for damages. Additionally, property owners are usually out-of-state holding companies.

If the Best Personal Injury Lawyer pursues the wrong parties, the best-case scenario is a frustrating and unnecessary delay. The worst-case scenario is an inability to obtain compensation, usually because the statute of limitations expires.

Collect Evidence and Determine Legal Issues

The evidence in a personal injury claim usually includes the police accident report, medical bills, and witness statements. Sometimes, one leg of this three-leg stool is shaky.

Medical bills are a good example. Typically, medical bills are just the facts ma’am documents that only provide basic diagnosis, treatment, and cost data. That’s a good start, but only a good start.  A Personal Injury Attorney in California needs more medical evidence to obtain maximum compensation, such as validating the victim’s pain and indications of future necessary medical expenses.

Attorneys usually partner with independent physicians who review documents and possibly examine victims to obtain the necessary proof.

The evidence and legal issues affect the settlement value. If the insurance company has a strong defense, such as an assumption of the risk (e.g., a “Beware of Dog” or other warning sign in a dog bite case), attorneys must adjust their monetary demands.

Determine the Personal Injury Claim’s Settlement Value

The settlement value is like the sticker price. It’s the starting point for settlement negotiations. The determination process is partly science and partly art, especially in California.

The settlement value’s foundation is usually economic losses, mostly medical bills. An attorney must include not only prior medical expenses but also likely future medical costs. Lawyers usually partner with independent doctors in these situations.

Next, attorneys add a reasonable value of noneconomic losses, such as pain and suffering. Most lawyers multiply the economic losses by two, three, or four, depending on the evidence and issues in the case, as well as a few other factors. As mentioned above, the low trial winning percentage reduces the settlement value in most cases. Lawyers can’t ask for as much money.

Obtain Maximum Compensation

Informal settlement negotiations usually begin once a lawyer establishes the settlement value. If a case settles too early, the settlement amount may or may not be fair. There’s no way to tell.

Once again, because of the low winning percentage of plaintiffs, these negotiations often stall or break down. Insurance companies aren’t afraid to go to trial anymore.

Therefore, most personal injury claims are settled during mediation, which occurs in most cases just before the trial date. At mediation, the defendant has a duty to negotiate in good faith. Insurance companies cannot make the weak “offers” they made earlier. As a result, civil meditation is about 90 percent successful. 

Consult with our experienced personal injury lawyers today!

Most personal injury claims are settled out of court, and settlement is time-consuming. For a free consultation with our experienced Personal Injury Lawyers in California, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.