Compensating for Medical Injury

As a survivor of a personal injury accident, you may be entitled to compensation, especially if the accident was not your fault. How much you get for settlement, however it is dependent on several factors, including the severity of your injuries and the extent of your losses.

More so, the different things that will make up the settlement include lost wages, medical bills, and pain and suffering, among others. The good news is that plaintiffs in personal injury cases in California win their cases and get compensated 41 percent of the time.

Therefore, if you have a personal injury case ongoing in California and want to know how much your case is worth. This article provides an overview of the value of settlement and trial of personal injury cases in California.

The Average Settlement for Different Categories of Personal Injury Cases

A study discovered that the average amount of money awarded in damages for personal injury cases in California is $1,814,094. However, this value will vary based on the complexity of the case and the peculiarities involved. Here are different personal injury cases and their average settlement award:

  • Wrongful death: A wrongful death case is worth up to $2,212,936 in California, which is higher than the national average. In the United States in general, the average amount awarded for wrongful death is $1,450,000
  • Neck and back strain: For cases involving neck and back injuries, the median settlement verdict in California is $10,885; the average amount is currently unknown. However, it is typically more helpful for victims to have the median amount than the average amount
  • Disc injuries: The median amount of settlement awarded in personal injury cases involving disc injuries is $84,550. Meanwhile, the average damages award given to disc injuries in the national level is $50,000
  • Brain injuries: Personal injury cases involving brain injuries are typically worth more in California than in other states. Nationally, the median verdict is $1,400,000 while it is $1,595,000 in California. With these statistics, we can safely say that California puts more value on personal injury cases than the average American

Wrongful Death Claims in California: All You Need to Know

Under California law, the family of an individual who died as a result of someone else’s negligence can receive a remedy. “Families, through their representatives, can file a wrongful death claim against the entity whose negligence killed the deceased,” says  attorney Miguel Custodio, Jr. of Custodio & Dubey LLP – CD Law. The surviving family members of the deceased will file the claim according to the state’s statute to receive compensation.

Who Can Bring the Claim?

In California, potential wrongful death beneficiaries include the spouse, children, stepchildren, or parents. If none of these people are available, then the victim’s estate can claim wrongful death rights.

Conclusion: Samples of California’s Personal Injury Settlements

To help you understand the value of your case, here are different sample verdicts in such cases in California. Note that no two cases are the same and we can only cover a few variables in these samples.

  • Case 1: Espinoza v. Steed, 2023:
    • Accident type: Rear-end collision
    • Injury: Permanent injuries to the back and neck
    • Award: $1,094,426
  • Case 2: Dobles v. Jenkins, 2022
    • Accident type: Rear-end collision
    • Injury: Soft-tissue neck injuries and persistent headaches
    • Award: $142,205
  • Case 3: Polhemus v. Saeco Enterprise, Inc., 2021
    • Accident type: Traveling in icy conditions to go to work, collision with jackknifed truck
    • Injury: Traumatic brain injury, left frontal lobe hemorrhage, facial lacerations, rib fractures, pneumothorax, intraventricular hemorrhage, and a right shoulder injury.
    • Award:  $4.3 million

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