What factors influence the amount of a brain injury settlement?

The amount of a brain injury settlement in California depends on several factors. First, the severity of the injury must be determined. This includes the type and extent of the damage, the amount of medical care required, the impact on the person’s quality of life, and the likelihood of long-term disability or impairment. Second, the court will consider who is responsible for the injury and how much of an at-fault party’s negligence or recklessness contributed to the injury. California is a pure comparative fault state, meaning that each party can be assigned a percentage of fault for the injury. This percentage is used to determine how much of the settlement amount should be assigned to each party. Third, the court will consider the amount of coverage available from the at-fault party’s insurance policy. If the coverage is too low to cover the cost of the injury, then the settlement amount will be adjusted accordingly. Finally, the court may look at the pre-injury income of the victim and the loss of wages that have occurred as a result of the brain injury. If the injury has caused a significant decrease in income, this amount may be factored into the settlement. These are just a few of the factors that could affect the amount of a brain injury settlement in California. Ultimately, the court assesses all of these factors together and makes a final decision on the settlement amount.

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What factors influence the amount of a brain injury settlement?

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