Being the victim of a personal injury is stressful enough without having to worry about how you’re going to get reimbursed for the costs you’ve racked up in the aftermath. However, if you take the time to understand what compensation you might be able to receive, it can help ease your concerns.
It’s important to remember that every case is unique. However, these common factors impact the amount you could recover for your claim.
Types of Compensation
Personal injury lawsuits let victims collect several types of compensation from the people who caused them to get hurt. Called “damages,” these payments are designed to help the injured person get back to the financial position they were in before the accident — or at least as close as possible.
The main types of damages are economic and non-economic. Economic damages encompass financial losses like hospital bills, lost wages, and property damage. They’re calculated based on receipts, pay stubs, and other documents.
In contrast, non-economic damages represent your intangible losses. They include things like pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective and tougher to quantify than those that are economic in nature.
The exact types of damages you collect in your case will depend on the specifics of your situation. Your personal injury lawyer will be able to help you figure out what to file for.
Factors That Can Influence the Value of a Personal Injury Case
Several factors can influence the overall value of a personal injury lawsuit, including the following examples.
The Severity of Injuries
Perhaps the most significant element of a personal injury claim is the severity of the trauma the victim faced. Major injuries usually involve higher medical bills, more time off of work (or maybe the inability to return to work at all), and a heavier impact on quality of life. All of these points generally equal a larger settlement.
When trauma is long-term or permanent (as it can be with brain damage or paralysis), compensation is also often significantly higher. That’s because the victim will need lifelong medical care and will face a drastic change in their enjoyment of life. Those costs will begin to add up over time and put the victim in financial strain if they have to pay for it themselves.
Medical Costs
Medical bills form a large part of most personal injury cases. The higher the costs, the higher the payout tends to be to the victim. In addition to the immediate costs for hospital stays, surgeries, rehab, and medications, future expenses for things like physical therapy or in-home care services might also be involved.
Lost Wages and Earning Capacity
Sometimes, an injury causes you to lose time from work, affects your future ability to work, or makes it so you can’t ever go back to work. In that case, you can recover a payout for your lost wages and any future earnings you’ll miss out on.
Pain and Suffering
Pain and suffering damages are the most common non-economic forms of compensation in personal injury claims. They’re meant to compensate the victim for both the physical and emotional toll of their trauma.
Pain and suffering damages take several factors into account, including:
- The severity of the pain and how long it lasted
- The emotional impact
- Whether the trauma caused permanent disability or disfigurement
Unlike financial damages, pain and suffering are harder to put a number on. Consequently, cases that involve them tend to have a tougher time getting through negotiations and might face some pushback from the insurance company.
Liability and Comparative Fault
In California, comparative fault applies to most personal injury cases involving shared blame. If the injured person is partially responsible for the accident, their compensation will likely be reduced by their percentage of fault. For example, if you’re found to be 10% at fault, you’ll be eligible to get 90% of your losses covered.
Liability is another critical factor. When negligence is clear and can’t be disputed, the case often settles for a higher amount. However, if there are questions about who was responsible, it makes the lawsuit more difficult to resolve, and the payout could be lower.
Insurance Policy Limits
Insurance companies are involved in settling most personal injury claims. However, their policies often have limits on how much they’ll pay out. If the at-fault party’s limit is low, it could cap the amount a victim can recover, even if their damages are much higher.
Evidence and Legal Representation
Stronger evidence generally means a better settlement. When negligence is clearly visible through police reports, witness statements, video, photos, and medical records, it’s easier to prove the case. This also increases the chances of a good settlement.
Additionally, having a strong attorney in your corner can affect your outcome. Well-prepared legal counsel can effectively negotiate with insurance companies and present your case in the best way possible.
How Long Does It Take To Get Compensation?
The timeline varies for each individual case. More complicated lawsuits with severe injuries, questionable circumstances, or insurance companies that are less willing to negotiate could drag the case out for years.
On the other hand, the case may not take as long if insurance is willing to work with the victim. Stronger evidence and obvious liability don’t leave much room for argument. In these circumstances, you’re far more likely to get a quick and fair settlement offer.
With that in mind, don’t feel pressured to take the first offer given to you. Insurance adjusters are notorious for trying to downplay a victim’s injuries or even pass some or all of the blame onto them. It’s a good idea to have a strong personal injury attorney on your side who knows these tricks and how to counter them. They can help keep the insurer from taking advantage of you.
From Injury To Recovery
The amount of compensation you can expect from a personal injury case depends on a range of factors. It’s generally impossible to predict an exact settlement value. However, knowing the different types of damages and elements that can influence a case’s worth will help you set realistic expectations.
© 2025 Citywide Law Group. All rights reserved.