How Much Will I Get From My Car Accident Settlement?

How much you receive from a car accident depends on several factors, including the severity of injuries and the sources of compensation.

Any person who has been involved in a car accident should be highly skeptical of attorneys that can assure or state with any sort of certainty what their case is worth. The reality is a claim may be worth a few thousand dollars, hundreds of thousands of dollars, or sometimes, millions. Compensation is individually determined in each case and depends on several different variables.

Our experienced San Bernardino car accident lawyers at LA Century Law explain what to consider when you need to know: How much will I get from my car accident settlement?

How Much Will I Get From a Car Accident Settlement?

In California, car accident settlements range from small amounts to millions of dollars. Generally, the more severe your injuries, the stronger your legal claim. However, other factors are the amount of treatment you receive, the amount of the available insurance policy, and gap in treatment or delay in receiving treatment to name a few, that will impact your compensation after being involved in a car accident. However, consistency in treatment and medical bills generally means that you will receive a higher settlement. There are things you can do that may help maximize your award.

Talk to a lawyer

Remember, the insurance companies want you to receive nothing or as little as possible. To receive a car accident settlement and get the most for your claim, you must aggressively pursue your case. A lawyer from LA Century Law can evaluate how much your case may be worth and explain how a lawyer can help.

What Factors Determine the Value of a Car Accident Settlement?

Several factors can determine the value of a car accident settlement. These factors aren’t weighed evenly. Sometimes, a factor may be extremely important, while in other cases, the same factor may not be important at all.

Severity of damages

Generally, more serious harm means a higher car accident settlement. The purpose of a car accident claim is to compensate the victim for their losses. The greater the losses, the higher the amount of compensation. Damages include financial losses (e.g., economic damages) and non-economic losses (e.g., pain and suffering). The impact of injury and losses, in both severity and duration, influences how much a person gets from a car accident settlement.

Clarification of fault

A car accident settlement is based on someone else being at fault for the accident. There must be proof that the other person or party is at fault for the accident. Usually, this is based on a driving violation, but there are other grounds for car accident claims. If legal fault is clear, it can increase a settlement because it reduces uncertainty about possible outcomes at trial.

Availability of evidence

Evidence to document the case can impact the settlement amount. Medical documentation, for example, can rule out other possible causes of injury. Witnesses may be needed to testify to the events of the accident. If witnesses are unavailable or can’t be identified, it may lower the settlement amount.

Laws in the jurisdiction

Car accident laws vary among states. The laws in the applicable jurisdiction can determine liability, damages payable, insurance minimums, and other factors that influence compensation amounts. California is an at-fault state with pure comparative negligence. What may be awarded in California may be different than in a state with no-fault or with a modified comparative negligence system.

Defenses

The strength of defenses can impact a settlement. It depends on whether the defense is strong and how it impacts the claim.

How to pursue the case

How a plaintiff pursues a car accident claim can impact the amount they receive. Settling too quickly can result in a lower award. Failing to pursue discovery and other case-building can lower the final settlement. Preparing a case plan and pursuing the case in full can help maximize a settlement award.

Calculating Economic Damages: Medical Bills and Lost Wages

Economic damages are calculated by totaling losses that have already occurred and projecting future losses. Economic losses are the direct financial impact resulting from the accident, such as medical bills, lost wages, and property damage. To receive the full amount for economic loss, you must gather documentation to prove the extent of the loss.

How Pain and Suffering Are Valued in California

Pain and suffering are valued in California based on what the person endures because of the accident. Pain and suffering can be physical, mental, and emotional.

Commonly, a multiplier is applied to the amount of economic damages. But sometimes, pain and suffering are disproportionate to economic losses. A person may suffer chronic pain, for example, even if there isn’t much that can be done medically. A person may have psychological trauma long after physical injuries heal.

Multipliers typically range from 0.5 to five (5) times economic damages. However, each case is individually determined. Evidence can play an important role in supporting a claim for pain and suffering awarded for a California car accident.

The Role of Insurance Policy Limits in Your Settlement

Car accident claims are usually paid through insurance. California requires vehicle owners to carry minimum insurance, but they can elect additional amounts and coverages. Commercial trucks have higher requirements.

If damages exceed the insurance policy maximum, it may be hard to collect additional amounts. The responsible party may be personally liable, but they may be unable to pay. The amount of the insurance policy limit may affect the settlement because it may be the extent of the ability to collect compensation.

How Fault Affects Your Settlement Under California Law

California uses a system of pure comparative negligence to apportion car accident liability. There isn’t a cliff effect, where responsibility over a certain percentage prevents a settlement entirely. Instead, a person may collect compensation even if they share significant blame for an accident. The parties may examine how a jury may apportion fault and use that evaluation to inform settlement negotiations.

Using Medical Records and Documentation To Maximize Compensation

Medical records and documentation can help maximize car accident compensation. Records can prove the extent of injuries and show that injuries resulted from a car accident. Records can be the basis for discussing pain and suffering and other non-economic impacts.

Contact an Experienced San Bernardino Car Accident Lawyer

When you need to know how much you will get from a car accident settlement, you can have a consultation with an experienced San Bernardino car accident lawyer. Get an evaluation of your case. Learn what you can do to maximize your award and see how a lawyer can help.

Contact our experienced car accident attorneys at LA Century Law today.