If you choose to proceed with your claim without an attorney, you will need to gather evidence, estimate your damages, file the claim, and negotiate with the insurance company for a settlement. You can review resources from the California Department of Insurance to help you start the process.
An average personal injury settlement amount is anywhere between $3,000 and $75,000. Be careful when using an average personal injury settlement calculator to give you an idea of what you may stand to collect. These numbers really depend on your individual case and are hard to predict without a professional.
A release of liability, or “waiver of liability,” is a legally binding agreement between two parties. It outlines the voluntary assumption of risk for a situation and releases one party from any legal claims or damages that may arise from a specific activity, event, or relationship.
Most settlements and court awards will be approximately $3,000 to $75,000. The likelihood of receiving a payout in this range is approximately 70%. Below we'll map out California personal injury settlements by case type.
Sometimes referred to as “release agreements” or as “settlement agreements,” release and settlement agreements bring a legal dispute to an end outside of the courtroom. That legal dispute can be nearly anything, like an alleged: Breach of contract. Violation of a non-compete agreement.
The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.
It's important to note there are two types of injury compensation (damages): General Damagescompensate you for the pain and suffering of your injuries and the impact they've had on your life. Special damages reimburse you for any financial losses you incurred as a direct result of the accident and your injuries.
In California, the statute of limitations on most personal injury cases is two years from the date of your injury. California Civil Procedure Code § 335.1 provides that a case for “… injury to, or death of, an individual caused by the wrongful act or neglect of another” must be filed within two years.
In California, you have two years from the date of your injury to file a personal injury lawsuit. This two-year rule is called the statute of limitations, and it applies to most injury cases, whether from car accidents, slips and falls, or other incidents caused by negligence.
An injury claim is handled in the California civil court system if it's not work-related and if the damages total more than $10,000. Step 1: Establish legal standing. Step 2: Hire a lawyer. Step 3: Determine the venue for your lawsuit. Step 4: File your claim within the statute of limitations. Step 5: File your complaint.