Posted on Thursday, July 13th, 2017 at 11:54 pm    

It is impossible to place a value on the pain and suffering a victim and his or her family suffers after a personal injury accident. Because the legal system cannot undo what has already been done, the only recourse it can provide is a monetary award for the accident victim. However, there is not a standard formula for calculating the value of a personal injury claim. Several factors impact how much you can receive for your claim.

Hiring an experienced Sacramento personal injury attorney can help increase your chance of recovering full value for your claim.  Call (916) 999-9000 to request a free consultation with one of our California personal injury lawyers.

Factors Used in Calculating the Value of Your Injury Claim

Types of Damages

One of the first factors to consider is the types of damages you may be entitled to recover. Damages are divided into financial and non-financial damages. Financial damages are your out-of-pocket expenses such as medical bills, property damage, lost wages, travel expenses, and other costs related to the accident, your injuries, and your recovery. You are entitled to recover dollar-for-dollar these expenses. Therefore, tracking and documenting all financial losses increases the value of your claim.

The other type of damages is non-economical or pain and suffering damages. These damages include physical pain, permanent disability, scarring, emotional suffering, and disfigurement. Because you cannot place a “price tag” on these damages, we use several factors to calculate the value of your pain and suffering such as:

  • The types of injuries sustained;
  • The length of your recovery;
  • Whether you have permanent scarring, disability, or disfigurement;
  • The pain level you experience each day;
  • Any activities you cannot perform because of your injuries; and,
  • The impact on your social and family relationships.

An experienced personal injury attorney knows how to use this information to maximize the amount you can recover for pain and suffering damages.

Your Responsibility for the Accident

If you are partially at fault for the accident, your compensation can be reduced under California’s comparative negligence standard. If a jury finds that you were somewhat at fault for the accident, your compensation will be reduced by the percentage of fault assigned to you. Therefore, if the jury determines your contribution to the accident was 30 percent, your compensation will be reduced by 30 percent.

The At-Fault Party’s Ability to Pay

You can obtain a million-dollar judgment against the negligent party, but if that person carries minimum insurance and has very few assets, your chance of collecting the full amount is unlikely. For example, many people carry minimum liability insurance for car accidents. If the person does not have any other assets to seize, you are limited to the $15,000 bodily injury coverage.

For this reason, you may want to consider carrying underinsured motorist (UIM) coverage. Your UIM coverage pays the difference between the other person’s policy limits and your actual damages up to the limits of your policy. UIM coverage can help ensure you recover the full value of your claim or as close to that value as possible.

Call a Sacramento Injury Attorney for More Information

Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website for a free legal consultation with a California accident lawyer.  Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.