Legally reviewed by: Jessica Anvar Stotz, JD, MBA
We’ve spoken to thousands of people about filing Los Angeles personal injury lawsuits. What we often hear with most people is that they think lawsuits and settlements are the same thing. They ARE NOT.
A lawsuit is a formal legal action initiated by filing a complaint in court, seeking resolution through a trial. A settlement, on the other hand, is an agreement reached outside of court between parties involved in a legal dispute, typically resulting in the withdrawal of the lawsuit in exchange for negotiated terms.
Lawsuits can typically result in more money in your pocket, but they take more time and they are not always necessary. Below we’ll talk about what you can expect if you’d like to file an LA personal injury lawsuit.
If you were you were injured driving due to another party’s negligence here’s how much you could expect once your lawsuit settles:
|Severity of Injury
|Average LA Personal Injury Lawsuit
Opting for the quicker resolution of an out-of-court settlement may mean our driver gave up the potential for a higher award. Settling, though faster, often results in reduced compensation in personal injury cases.
Parties agreeing to a settlement typically agree to a lower amount than what could be obtained through a court trial, aiming to avoid the uncertainty and unpredictability of trials.
While accepting a lower sum might seem unfavorable, some view it as a reasonable compromise for the certainty of a fixed amount, rather than the risk of a trial with the potential for no compensation. Despite settlement advantages, the risk of insufficient compensation remains a notable drawback.
Use the website below to read about the top 100 personal injury lawsuits in Los Angeles County:
According to the California Courts Self Help Guide, below are a few documents you may need to file a personal injury lawsuit. Certain types of injury cases will call for certain documents, while others call for completely different ones.
As a plaintiff, you always need a Summons and a Complaint. The complaint must include at least one cause of action.
There are several causes of action forms you can use if they fit your situation:
Determining the possible compensation in Los Angeles personal injury lawsuits can vary widely depending on the specific circumstances of each case.
Compensation, often referred to as damages, is designed to address various losses and hardships experienced by the injured party. Here are common types of compensation in personal injury cases:
Compensation for past and future medical bills related to the injury, including surgeries, treatments, medications, and rehabilitation.
Reimbursement for income lost due to the injury, covering the period of time the injured person was unable to work.
If applicable, compensation for damage to personal property, such as a vehicle in a car accident.
Non-economic damages to compensate for physical pain, emotional distress, and the overall suffering caused by the injury.
Compensation for the negative impact the injury has on the injured person’s relationship with their spouse, including loss of companionship and intimacy.
In rare cases, punitive damages may be awarded to punish the at-fault party for egregious behavior and to deter others from similar conduct.
In cases of wrongful death, compensation may cover funeral expenses, loss of financial support, and emotional distress experienced by surviving family members.
It’s important to note that California follows a comparative negligence system, meaning the compensation may be adjusted based on the degree of fault attributed to each party involved. Additionally, caps on non-economic damages can apply in certain cases.
Waiting until the statute of limitations to file a personal injury lawsuit is unwise as it can jeopardize your case. The statute sets a legal deadline, often two years, to initiate legal action after an injury.
Delaying filing can result in the loss of your right to seek compensation. Evidence may degrade, witnesses could forget details, and crucial documentation may become harder to obtain.
Swift action ensures a stronger case, increases the likelihood of a favorable outcome, and avoids potential dismissal due to missed deadlines, preserving your ability to pursue rightful compensation for damages incurred.
Filing a personal injury case with an attorney significantly improves your chances of success. Attorneys bring legal expertise, navigating complex procedures, and ensuring proper documentation.
They assess the true value of your case, negotiate with insurance companies, and advocate for fair compensation. Attorneys also understand applicable laws, deadlines, and potential challenges, preventing costly mistakes.
Their experience strengthens your position, enhances negotiation leverage, and, if necessary, they can skillfully represent you in court. Having a legal professional by your side maximizes the likelihood of a favorable outcome and ensures your rights are protected throughout the entire process.
Looking to file a personal injury lawsuit, but not sure where to start? Contact LawLinq today to get connected with some of the best personal injury attorneys in the state. All consultations are free and they can make sure you file your lawsuit properly.