Irvine Personal Injury Settlements
There are many elements involved when settling a personal injury case in Irvine. There are factors such as insurance coverage, how the claim proceeds through trial, the evidence presented, and many others which have a direct affect on the outcome of a personal injury settlement. It is crucial to contact an experienced Irvine personal injury lawyer immediately if you need to settle a personal injury claim. A knowledgeable attorney can help in gathering all the relevant evidence and presenting it effectively in order to award you with any and all damages you justly deserve.
Negotiating a Settlement
In an out-of-court personal injury settlement in Irvine, the personal injury attorney can negotiate a settlement and resolve the case with the defendant, usually with their insurance company who is responsible for paying the damages inflicted by their insurer.
An Irvine personal injury settlement can occur at any time after the case begins, when the lawyer contacts the defendant and his insurance company opens a claim file. Once the attorney has all of the necessary medical records and information about any loss in earnings and other damages, the attorney will try to negotiate a settlement provided with all the information, and act as an advocate for their client.
If the case does not settle, it will proceed to litigation. Once a complaint is filed and then served to the defendant, the case proceeds into the litigation pretrial phase. At this time, the attorney engages in pretrial discovery to obtain all of the documentary evidence, witness statements, and a deposition from the defendant to prove that the defendant’s negligent conduct caused the incident.
Taking An Injury Case Before Court
A case must be filed in the Superior Court in a timely manner, prior to the statute of limitations deadline. The timeline to file differs depending upon the type of case. Once the case commences by the filing of the complaint in Superior Court, then the case proceeds to the litigation phase. Ultimately, the court may order the case into arbitration if there is an applicable arbitration system in that court. Otherwise, the case proceeds toward a trial date where the case would be held in front of a jury. The facts and merits determine how the case proceeds, which will decide at what point the platintiff sees their day in court.
Irvine Settlement Caps
With regard to personal injury settlements in Irvine, there are generally no caps or ceilings on cases such as motor vehicle accidents, or other personal injury cases. However, if the case involves medical malpractice, where a doctor, healthcare provider, or a hospital is being sued, then a California statute has a ceiling on non-economic damages of $250,000. This means that if, for example, the doctor operates on the wrong leg or arm, or takes out the wrong kidney, the maximum amount that the injured plaintiff can receive for their emotional distress and pain and suffering is $250,000. However, this cap does not affect the recovery loss of earnings and other economic damages.