Two of the most common questions we get from our personal injury clients who were injured in a car accident are (1) “how long is my case going to take?” (2) “how much money is a fair amount for the resolution of my case?” We hear this question at initial consultations and throughout the progression of cases.
(1) How long is my case going to take?
Patience is a virtue and necessary to be properly compensated. If you have been injured in an accident it is nearly impossible to evaluate the full value of your case immediately following your injury, or in other words at the beginning of your case. There are many variables that go into evaluating the value of any given case. Everyone heals differently and at different rates and their lives are affected based on their lifestyle consequently no two cases are the same nor can they be valued the same.
California law provides specific time limits for filing lawsuits, called statutes of limitations. Pursuant to CCP § 335.1, the statute of limitations in California for filing a personal injury or wrongful death lawsuit is two years from the date of injury or loss. This does not mean the case must be resolved within two years, it merely means a lawsuit must be filed within two years to preserve the injured party’s right to be compensated. This two year window of time gives an injured party an opportunity to heal from injuries and resume their lives as they were before suffering the injury, prior to evaluating the value of their case. This is not to say everyone heals within two years, unfortunately there are cases that result in permanent injury or chronic pain as a consequence of the accident in which case doctors and other experts are relied on in personal injury cases to help determine the value of the case.
If a lawsuit is filed, the Court assigns dates based on the Court’s calendar and availability. A personal injury or wrongful death lawsuit can be filed anytime within the two years following the date of injury or loss. The Court will assign a trial date based on the progress of the case and availability of the parties and the Court. If the parties are not able to resolve the case through settlement the trial date provides a date to present the case to a jury of their peers.
With all that said, the length of any given case depends on how quickly an individual makes a full recovery from their injuries or they otherwise have knowledge of what the future holds and what medical treatment or care they will need to manage their injuries. A case can be resolved in a matter of months or it may take several years.
(2) How much money is a fair amount for the resolution of my case?
The compensation owed to an injured claimant falls into two categories which the law recognizes as economic damages and noneconomic damages.
Economic damages: compensation for medical bills and lost wages
In a personal injury claim, what the law recognizes as economic damages generally consists of two things (1) medical bills, and (2) loss of earnings/wages. A victim of a car accident is entitled to compensation for their medical bills, the costs for necessary medical treatment and care in the future, lost wages for any amount of time missed from work and the amount of time that will be missed from work in the future as a client recovers from injuries.
In order to be fully compensated, an injured person must be patient. The injured party will only know the total of their medical bills upon completion of medical treatment or a definitive determination of what medical treatment plan will be necessary to manage their injuries in the future and the cost of that medical care. Similarly, an injured person will only know how much time they will miss from work when they have fully healed from their injuries or are otherwise informed of time that will be missed due to surgeries or other treatment and down time.
Noneconomic damages: loss of enjoyment of life and pain and suffering
The law provides that an injured party is entitled to compensation for past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, emotional distress, etc. These damages are not as clear cut as medical bills or lost wages and they are not reflected on a piece of paper like bills or pay stubs but you should be compensated for the changes in your life. Once again, patience is required to know the full extent of the changes in your life and the pain and suffering you endure as a result of injuries from a car accident.
Our Carlsbad personal injury lawyers pride themselves in maintaining consistent communication with our clients to know how they are being affected by their injuries. We know that we need to know about the changes in our clients’ lives, both big and small, to get full and fair compensation for our clients. Too many law firms evaluate a client’s case based on the nature of the injury and the sum of the medical bills and loss of earnings. We understand the greatest loss is often the quality of life that is impacted by their injuries.
The insurance companies want to settle your claim quickly. They offer you a couple thousand dollars early on to get rid of your claim and avoid the risk of having to pay much more if your injuries are worse than you expected them to be. It is crucial to be patient to know the full value of your case. The full value of a case can only truly be determined once an injured party has fully healed or it is known what the future holds in regards to medical treatment and the management of the injuries.
If you have been involved in a car accident and have questions please contact our Carlsbad car accident lawyer to learn about your rights. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.