Car accidents happen daily in California and across the country. Unfortunately, many of these auto crashes are severe or fatal. When another party causes an accident that injures you and damages your vehicle, you can receive compensation in a car accident lawsuit.
A serious auto accident can cause hundreds or even millions in damages for the most severe injuries. This begs the question: How much is a good car accident settlement offer? Learn below about what factors affect the size of a settlement offer. Then, speak to a car accident attorney if you think another party injured you in a crash. You can be eligible for compensation, including medical expenses, lost earnings, mental anguish, and pain and suffering.
What Is A Car Accident Settlement?
The most common way auto accident claims are resolved is through a car accident settlement. An auto accident settlement is a negotiated legal agreement between the injured person and the insurance company for the liable driver.
The settlement agreement states that the auto accident claim will be settled without a lawsuit for the agreed-upon sum. Agreeing to a car accident settlement means agreeing to settle the claim for a certain amount in exchange for forfeiting the right to sue the other driver in court. Once you sign a settlement agreement, the case is over, and you cannot return and decide to try for more money or file a lawsuit.
Most auto accident claims are settled and not litigated. Going to court with a personal injury lawsuit is expensive and time-consuming. It’s usually in all parties’ best interests to resolve the claim with a settlement. The settlement allows you to receive a certain amount of money faster than you would have with a lawsuit. Also, a personal injury lawsuit is uncertain; you can lose the case and receive no compensation.
You can rely on the informed opinion of your auto accident attorney about when to settle the claim, negotiate for more money, or file a lawsuit and go to trial.
How Do You Know You Have A Car Accident Case?
Qualifying for a car accident settlement generally means proving that another party’s negligence caused your injuries and related damages. The primary role of your auto accident attorney is to prove negligence as follows:
- The other party had a duty of care to you. ‘Duty of care’ means that the other person was obliged to act safely and not cause harm to you. For instance, drivers in California have a duty of care to drive safely, obey traffic laws, and not injure other motorists.
- The other party violated their duty of care in a car accident. For example, suppose another driver ran a stop sign and slammed into the side of your car. They breached their duty of care by running the stop sign and hitting your vehicle.
- The breach led to your injuries, such as a broken arm and dislocated hip.
- You suffered damages from the injuries, such as $50,000 in lost earnings and medical bills.
Most auto accident claims hinge on the plaintiff proving that the other driver had a duty of care and violated it, leading to injuries and damages. Proving negligence is often easier said than done; even if it seems clear that the other driver caused the accident, proving it to the insurance company or jury can be difficult. This is why it’s essential to have a skilled car accident attorney represent you.
Your auto accident attorney will rely on vital evidence to prove that another driver was negligent. Crucial accident evidence may include:
- The police report, especially if it states how the accident happened and who is at fault. This evidence isn’t admissible in court, but valuable information can affect settlement negotiations.
- Eyewitness statements that indicate who may have caused the accident. Eyewitness testimony also may be important to show that the other party was tired or intoxicated.
- Photos and videos of injuries and the accident scene. Take photos and videos of the crash scene if you can.
- Surveillance video footage of the crash, if available.
- Expert witness testimony about who caused the accident and how.
Who Is Liable For A Car Accident?
Another driver’s negligence causes most car accidents. In that case, the driver who caused the auto accident would usually pay for your damages through their auto insurance policy.
However, other parties can be liable for your auto accident injuries. The most common situation is where a commercial truck driver hits and injures another driver. The trucker’s employer can be responsible for your damages. This is an essential point because the trucking company may be liable because of the legal theory called vicarious liability. The employer must carry large commercial trucking insurance, which can be vital if you have a severe injury.
Your auto accident attorney will carefully review how the accident happened to understand who can be liable and which insurance policies are in force.
Another common scenario is multiple drivers, such as in an interstate pileup, are at fault. There may be several injured parties and responsible drivers. In this situation, several insurance policies can be on the hook for your damages. Your car accident lawyer will sort through the claim to understand who should pay for what. Determining fault in a multi-car accident is complex and should only be handled by an experienced auto accident lawyer.
What Damages Can You Receive In A Car Accident Settlement?
You can receive compensation for your losses after a car accident caused by someone’s negligence. Potential compensation for a car accident settlement may include:
- Medical expenses: A serious car accident can break bones and cause head trauma, spine injuries, burns, cuts and lacerations, and internal injuries. You may be entitled to compensation for your past, current, and future medical bills. A key role of your auto accident attorney is to estimate what your future medical bills may be. This process is usually aided by hiring a car accident attorney, who will retain medical experts to estimate your future medical needs.
- Lost earnings: You can receive compensation for your current and future lost earnings. A serious auto accident can leave you with a permanent disability and a reduced income. If so, you may receive compensation for lost earning capacity, which your attorney will estimate with the help of financial and economic experts.
- Pain and suffering: Many serious injuries and treatments cause severe physical pain and suffering. You should receive fair compensation for this pain. A car accident attorney will communicate with your medical team to understand your degree of pain and suffering.
- Emotional anguish: Serious injuries can lead to disability and loss of enjoyment of life, both of which lead to mental and emotional anguish that you should be paid for.
- Property damage: You also may be entitled to compensation for your damaged or totaled vehicle.
How Much Is A Good Settlement Offer?
A ‘good’ car accident settlement fairly compensates you for all your losses, including medical bills, lost income, property damage, and mental and physical pain and suffering. How much a ‘good’ settlement offer will vary widely by case circumstances. What is a fair offer for one accident claim can be woefully inadequate for another.
Your auto accident attorney is a good resource to obtain a rough settlement range for your claim. The attorney has extensive experience with many kinds of auto accident claims, from minor to catastrophic injuries. They have a good idea of what a claim like yours is worth. Generally, the settlement amount for a car accident depends on the factors outlined below.
- The severity of your auto accident injuries: Imagine that you broke your back in a head-on crash and are paralyzed from the waist down. Your injury is catastrophic and may be permanent. The settlement value of your claim will be much higher than for a less severe injury that heals after two or three months.
- Medical expenses: A severe injury such as paralysis has short-term and long-term medical expenses. It is estimated that the first-year medical care costs for a paraplegia injury may exceed $1 million, plus hundreds of thousands for many years after that. Your auto accident attorney will communicate with your medical team to understand your future medical needs. The higher the medical bills, the higher the potential settlement.
- Lost earnings and earning capacity: Most auto accident injuries result in a certain amount of lost earnings related to the accident and medical treatments. A severe injury, such as brain or spine damage, may result in lost earning capacity because the injury is permanent. Lost earning capacity can be significant for a younger person with a high income.
- Pain and suffering: A serious injury can have more pain and suffering compensation. This type of damage isn’t as easy to calculate as medical bills and lost earnings. A car accident attorney can work with your doctors to document your pain and suffering. You can bet that the insurance company will downplay your pain and suffering. Your car crash attorney will fight for the most compensation by submitting proof from your medical team about your pain.
- Continuity in treatment: It’s important to show documentation that you received consistent and prompt medical care for your injuries. That’s why you should proceed immediately to the ER after a serious auto accident. Obtain fast medical care and attend all follow-up procedures and appointments. Any delay in care can impact the amount of your auto accident settlement.
- Mental anguish: A minor injury, such as a broken bone, would have a lower amount of compensation for mental and emotional anguish. On the other hand, a paralysis injury would have more compensation for mental and emotional anguish because of the severe loss of function and life enjoyment.
- Insurance coverage: You can have $1 million in damages. However, if the at-fault driver has only $30,000 of bodily injury coverage and no assets, it can be challenging to collect full compensation.
- Property damage: You can receive more compensation if your vehicle was destroyed in the accident rather than only damaged.
It’s wise to talk to an experienced auto accident attorney in your area for a free consultation. They will understand if another party probably caused your injuries and approximately what the settlement value can be.
Most auto accident victims want to settle the claim as soon as possible. However, an experienced auto accident attorney may recommend waiting until you reach maximum medical improvement (MMI) before starting settlement negotiations. You don’t want to reach a settlement, then discover the next week that you need $100,000 more in medical care than you thought. Patience when settling a serious car accident claim will pay off in the end.
What If The Insurance Company Offers A Low Settlement?
After you have been through a serious car crash and medical treatments, the last thing you want is to receive an insulting, low settlement offer. For example, you may have a $50,000 claim, and the insurance adjuster offers only $5,000.
Never settle your claim for less than you deserve. When you hire a skilled car accident lawyer, your settlement amount may increase dramatically. A good attorney will continue negotiating until there is a fair offer. The settlement amount is based on the factors mentioned earlier and what similar auto accident cases have been settled for in that area.
Working with a seasoned personal injury attorney may significantly increase your auto accident settlement. Or, the auto accident attorney may recommend filing a personal injury lawsuit if the insurance company refuses liability or won’t raise its offer.
Speak To An Auto Accident Attorney Today
A severe car accident can leave you with debilitating injuries, pain, lost income, and a totaled vehicle. Retaining a car accident attorney to represent you in settlement negotiations is best. Your auto accident lawyer will understand what your claim is worth and how much compensation you should receive. Talk to a car accident lawyer today in a free consultation. They’ll tell you if compensation is likely in your claim. You don’t pay legal expenses unless the attorney wins your case.
