How Are San Bernardino Car Accident Settlements Calculated?

When you’re in a car accident, you need to understand how to calculate a car accident settlement.

Our experienced San Bernardino car accident lawyers at LA Century Law explain how car accident settlements are calculated in San Bernardino.

Car Accidents Cause Injury and Loss to San Bernardino Victims

In 2024, 14,615 people were hurt or killed in San Bernardino car accidents. For the estimated 2.21 million people who live in San Bernardino County, and for visitors, car accidents can cause physical injury, pain, and economic loss. Each victim deserves appropriate compensation.

Special Damages vs. General Damages: The Core Formula

The main question that a car accident settlement calculator asks is, What is the loss to the victim from the car accident?

In San Bernardino, car accident victims have the right to claim their damages. Damages are the losses they incur, both financial and personal, as a result of the car accident. Each car accident is unique, and each victim is unique, so damages are specific to each case and to each person.

Special damages

Usually, when a person is hurt in a car accident, their injuries come with financial loss. These losses commonly include:

• Medical bills, medical supplies
• Lost income
• Property damage
• Household expenses

Losses may have already been incurred at the time of settlement or may be expected to occur in the future. These special damages can be totaled and calculated for the car accident settlement.

General damages

Of course, anyone who has been in an accident knows that financial losses alone don’t fully account for suffering. In addition to monetary losses, a car accident victim endures physical pain and emotional anguish. They may have scars or impairment. Intangible losses, or general damages, can be calculated and included in a car accident settlement.

There’s no single formula to use for calculating car accident general damages. The law is vague. It just says that the victim can claim what they’ve lost.

There are two prevailing methods to calculate pain and suffering: the multiplier method and the per diem method. The multiplier method is most common. But remember, there is no official formula for calculating pain and suffering compensation. The appropriate way is the way that best illustrates what the victim has endured because of the car accident.

The Multiplier Method: How Insurers Estimate Pain and Suffering

The multiplier method assigns a multiplier to pain and suffering, usually ranging from 0.5 to 5. Five is for the most serious, catastrophic injuries.

This chosen number is multiplied by the person’s economic damages to determine pain and suffering. Sometimes all economic damages are included, and other times only medical bills are multiplied.

When the person’s economic losses are proportional to the extent of their injury, the multiplier method is appropriate. It’s not always the case. For example, sometimes, a person may suffer serious impairment or physical pain, even though not much can be done medically.

Factors That Increase Your Settlement Value

Factors that increase a car accident settlement calculation are:

Clear fault

When it’s clear that the defendant is at fault – and no one else is – it strengthens the value of a car accident settlement. When the fault is clear, comparative negligence won’t be a question, or it won’t significantly factor into the case value.

Causation

Causation is the link between the defendant’s conduct and the victim’s injuries. When there is no question that the defendant’s actions caused the victim’s loss, it strengthens the car accident settlement calculation.

Evidence of damages

The victim must prove their damages with evidence. Damages cannot be speculative. Bills, records, pay statements, witnesses, photographs, and other evidence can support a claim for damages.

Punitive damages

When the defendant’s actions are especially offensive, punitive damages may be appropriate. Punitive damages don’t compensate the victim for loss. Instead, punitive damages punish the victim for their conduct.

Pursuing your case

Maximizing a settlement requires showing the insurance company that you’re serious. It’s not enough to request a certain award. Aggressively pursuing your case can mean getting more for your settlement.

Factors That Reduce Your Settlement

Factors that can reduce a settlement award are:

• No clear proof of fault
• Comparative fault
• Difficulty gathering evidence
• Not staying within your doctor’s medical restrictions
• Lack of documentation for damages
• Uninsured/underinsured defendant
• Difficulty collecting compensation
• Pre-existing medical conditions
• Damages exceeding insurance policy maximums
• Waiting too long to start a court case
• Missing key steps in the legal process like motions and discovery
• Forgetting future damages and categories of compensation
• Settling the case too quickly

Car accident victims in San Bernardino can have legal representation to calculate their settlement value and pursue the maximum amount.

Timeline: From Crash to Settlement in California

When a crash occurs, medical attention for victims is the top priority. Medical care is also the first step in valuing a settlement. Report the accident to law enforcement immediately.

The timeline from crash to settlement depends on the severity of injuries and how quickly you can document damages. But don’t be in too much of a hurry to settle. Your course of healing may not be immediately known after the accident. To maximize your case value, you must thoroughly explore damages, including pain and suffering. Usually, the first settlement offer isn’t the best one.

LA Century Law calculates claim value for our clients. We offer honest information about settlement offers and how you can maximize your award. Talk to an attorney about the potential value of your case.

How LA Century Law Maximizes Your Recovery

With millions collected for our clients, LA Century Law works to maximize client recovery. We evaluate each case to make sure all types of compensation are included. We make sure pain and suffering is fairly calculated. By building a strong legal claim, we put you in the position to negotiate the best settlement for your case. Each case receives a personalized case plan.

LA Century Law is proud to help San Bernardino car accident victims. We’re currently taking new car accident cases.

Call or message us now.