How Does Liability Affect the Value of My Personal Injury Claim?
If you have been involved in a personal injury accident, you may be wondering what the value of your case is and how much you can expect the insurance company to offer in damages and compensation. There are many factors that affect this, and an Irvine personal injury attorney may be able to answer questions about your case.
The primary factor determining the value of your case is liability. How clear is it that the defendant was negligent? In any personal injury or products liability case, the strength of your case depends on your ability to establish that the defendant was negligent. If it can be proven to be nearly 100%, your settlement value goes up, but if your chances of proving liability are lower, the value of your case is also significantly reduced.
A related factor is comparative negligence: What role did you play causing the incident relative to the defendant? If you were partially negligent as well, that will reduce the value of your settlement, and might potentially bring it down to zero. Some jurors do not want to award any damages if the plaintiff was partially negligent, and some jurors seem to take very loose stances as to what constitutes contributory negligence, such as by finding a plaintiff who was waiting at a red light to have contributory negligence.
If you are found to be close to 50% negligent in the incident, you are not in a good position; it is possible you would lose the case at trial. Your best bet is if your contributory negligence is minimal.
For a free evaluation of your case, please contact Irvine personal injury attorney Samer Habbas.