SHOULD I PROVIDE A STATEMENT TO AN INSURANCE COMPANY WITHOUT A LAWYER’S HELP?
When you first contact your insurance company to tell a representative about your accident, do not give any more information than that. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.Insurance companies are in the game to make money for their shareholders, not to shell out payments to their policyholders. Your lawyer is your safeguard against low-ball settlements insurance companies typically offer.
WILL I HAVE TO GO TO TRIAL TO RECOVER DAMAGES?
About 95 percent of personal injury cases filed settle prior to trial. However, if a settlement offer does not adequately cover your damages, Gary Sernaker will take your case to trial.
WHAT IS CONSIDERED “PAIN AND SUFFERING?
Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.
WHAT DETERMINES THE AMOUNT I MIGHT RECOVER?
Every case addresses three issues:
- Liability—establishing someone’s negligence
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
IS THERE A MINIMUM OR MAXIMUM AMOUNT THAT CAN BE RECOVERED IN A PERSONAL INJURY SETTLEMENT?
WHAT IS A TYPICAL SETTLEMENT AMOUNT?
An experienced San Diego personal injury lawyer reviews and analyzes your case information to determine the appropriate value for your claim:
- The amount of incurred medical bills
- Future medical bills
- Loss of past income
- Your age
- Any permanent limitations caused by the injury
- Impact on future earning capacity
- Activities you can no longer do
- Activities you can do but do not enjoy as much
- Prognosis for further problems
- Strength of lay witness testimony
The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.
HOW MUCH IS MY CASE WORTH?
Many factors determine how much compensation you may receive, including the severity of your injuries, your past medical history and the amount of insurance coverage that the responsible person or company has. An attorney can assess the potential value of your claim.