Oakland Injury Attorneys 11 Embarcadero West Suite 133 Oakland, CA 94607. Complaint relief in civil litigation is designed to remedy the violation committed to the plaintiff by providing financial assistance from the defendant. This compensation is the statutory right of any person who has suffered monetary loss or injury due to the actions of another person. Average personal injury settlement amounts vary widely. The value of your case depends on a number of factors that are specific to your case, including property damage, medical bills, lost wages, and more.
At the lower end, an injury case could settle for just a few thousand dollars. However, many personal injury cases settle for much more. Of all the class action lawsuits in the history of the United States, the big tobacco agreement takes the cake for the biggest deal of all time. When interviewing lawyers to handle your injury case, you should mention the fee agreement.
Most lawyers will say right away that one-third is the industry standard, and that's true. But just like there's no average settlement, there's no average attorney's fee. If you have an excellent case, the liability is clear, the damages are significant, and there is adequate insurance coverage, you should be able to negotiate a favorable fee agreement. On the other hand, if your case involves a dispute about the liability or cause of your injury, a lawyer will likely not accept a lower fee, because there is too much risk of losing.
Any type of financial award won by a plaintiff's personal injury lawyer, entered by a judge or jury in a lawsuit, will be called compensation. If the agreement seeks to cover physical injury or physical illness, compensation will not be taxed as income, as long as you have not previously claimed any medical expense deduction related to that same injury or illness. An insurance company is not going to allow a personal injury case to go to trial, where it can be put in the hands of an unpredictable jury, one that could award the plaintiff hundreds of thousands of dollars just as easily as it could acquit the defendant (and the insurer) of any liability.