If you are injured in a car accident due to someone else recklessness, they must compensate you for your losses.
A car accident occurred in a variety of circumstances. Every year, approximately 3,300 Californians are killed in car accidents. If you were involved in a car accident in California and are considering pursuing an average car accident settlement to recover your damages, we can help. In such a scenario, you’ll most likely want to know how much an Auto Accident settlement amount will cost you.
Fair compensation for an incident might be influenced by the various factors involved. You might be wondering how to figure out the average settlement in California. A qualified San Francisco car accident attorney can examine and analyze the circumstances surrounding your case to assist you in calculating the value of your car accident claim.
Personal Injury Case Valuation and Settlement Amounts Vary
The value of a personal injury case and the amount of a car accident settlement vary widely and are determined by the facts of each case, which can range from a few hundred dollars to tens of millions of dollars!
Some car accident cases are simple, while others are somewhat complicated. Some injuries are lenient, while others are severe. Some car accident settlements quickly arise without so much negotiation. Others necessitate extensive collecting of evidence and expert testimony before the opposing party makes a settlement offer.
The damages, injuries, and expenses in each case must be determined separately for that case. Your medical bills will most likely account for a substantial amount of your damages, but your emotional suffering, lost wages, and other losses will also be considered.
Furthermore, there are also other factors that the ordinary individual is unaware of. Past jury verdicts are frequently utilized to assess the worth of future settlements. Lawyers, judges, and insurance adjusters may review previous instances and consider them.
Given the abovementioned considerations, it’s critical to have a reasonable expectation when determining an acceptable and fair personal injury settlement sum. During your free initial case evaluation, any genuinely dedicated and skilled personal injury lawyers should discuss this with you.
Your Compensation Depends on the Damages You Suffered
You should seriously consider estimating the worth of your final settlement, including all of the damages you received due to the car collision. Take your time and write a detailed inventory of all of the damages you’ve sustained. Missing something will throw your calculations off and make them less precise. In California, there are two types of damages to account for:
Economic damages are monetary damages that you endure. It’s as simple as looking up your paid medical bills or reviewing your bank statement to account for any payments you made in connection with your car accident and any subsequent damages you sustained. Here are some examples of economic damages:
- Prescription drugs
- Emergency medical transportation
- Property damage
- Emergency room visits
- Lost wages
- Lost business opportunities
- Vocational rehabilitation
- Medical expenses (Future and Present)
- Household help
- Lost earning capacity
The two main elements for determining economic damages are whether:
- the car crash caused the damage;
- if the damage had a monetary value.
Economic damage includes any goods or services you had to pay for, as well as any income you lost resulting from the accident.
In contrast to economic damages, non-economic damages do not have a measurable and objective monetary worth. After all, you deserve a fair compensation offer for your emotional, mental, and physical pain. It would be best if you thought about the following non-economic damages:
- Loss of companionship
- Loss of enjoyment of activities
- Pain and suffering
- Permanent impairment
- Mental anguish
- Loss of reputation
- Loss of consortium
- Loss of physical function
Regardless of the difficulties of determining the amount of non-economic losses, experienced auto accident attorneys can make an educated estimation of how much a particular sort of non-economic damage is worth.
How Much Will a Victim Really Receive in a Car Accident Settlement?
There is no such thing as an all-around settlement in a car accident. Put another way; specific harm does not equal a specific quantity. There are a lot of variables here.
Every car accident brings with it a unique set of circumstances to the victims. Even if both car accident victims are involved in the same type of injury, they are likely to differ in the following ways:
- Cognitive, physical, and behavioral impairments
- Length of the time in the hospital
- The time needed for recovery
- Types of rehabilitation therapy required
- Interference with their ability to work
- Permanent disability or scarring
- Impact on their emotional aspect
Apart from how your body reacts to an injury, the settlement amount is determined by various other factors. These comprise the total of your medical bills, your salary, expert testimony on whether you can return to work, expert testimony on predicted future medical bills, and the amount of pain and suffering you’ve been through and will, sadly, continue to go through in the future.
If a victim suffered from traumatic brain injuries and spinal cord injuries, they might lose their ability to move independently in the future, affecting both their ability to find a job and do life activities
In addition, these types of injuries are classified as ‘catastrophic injuries.’ Because it has such a significant impact on many facets of life, most victims who have suffered a serious injury will require medical treatment for the rest of their lives.
However, the value of your settlement depends on your auto accident attorney’s negotiation skills. They will continue to negotiate until a fair compensation, not simply an immediate accident settlement in California, is granted.
Factors That Maximize Your Case’s Value
A variety of factors involved can influence whether your settlement value is minimized or maximized, which is why it’s critical to keep an eye out for items that could reduce the worth of your lawsuit. Some of these variables are under your control, while others are based on the facts of your cases.
Victims should know that no personal injury attorney can guarantee a specific case value. Those who would do so are simply not being truthful and committed to your claim.
The following are the primary elements that influence the amount of your settlement:
You have the right to seek compensation for lost wages if you were unable to work due to the occurrence. Furthermore, you should also seek compensation for any losses attributed to your inability to do your job at the time of your recovery or in the future.
Insurance companies will usually provide the victim a settlement that includes medical expenditures; however, ensure you’re asking for your medical treatment’s full value. Keep in mind that you may have present and future costs that you deserve to be covered entirely, such as psychological treatment and ongoing physical therapy, after your hospitalization period has ended.
Loss of Consortium
This refers to the loss of benefits from a partnership, usually between a husband and wife, including home responsibilities, caregiving, companionship, and sexual intimacy. In California, a claim arises from the number of casualties caused by a vehicle collision and your injuries to your marital and personal relationships.
Pain and Suffering
Settlements for pain and suffering will be available to you. This encompasses all of how an auto accident and your injuries have a detrimental impact on any element of your life, including employment, family, social life, sports, hobbies, interests, among others.
Your settlement should include the cost of repairing and replacing any damages to your personal property.
This category includes expenses directly related to your car accident, such as cab fare, Uber rides, prescription prices, and other costs incurred from your personal injury.
The Quality of Your Car Accident Lawyer
The caliber of your San Francisco car accident attorney is a critical component in determining the value of your car accident case. To guarantee that no expense is neglected and the insurance company is held liable for your automobile accident damages, you should hire the best and most experienced personal injury lawyers in town.
The Personal Injury Lawyer at Halavanua Law Office, P. C. provides services such as:
- Scheduling you for medical care
- Handling essential paperwork
- Gathering evidence after your auto accident
- Collecting police report
- Helping you in holding the at-fault driver
Factors That Diminish Your Settlement Value
Individuals who were hurt in a car accident have the right to demand financial compensation from the party who caused the accident. Nevertheless, many factors can lower the amount of your car accident settlement in California.
If a court or insurance company believes you are partially to blame for an accident in California, this may harm the overall settlement amount. California, on the other hand, is a comparative negligence state.
Injured parties may recover damages under comparative negligence law even though they are 99 percent at fault for their accident. Your settlement award, however, will be lowered by the proportion of fault you contributed.
If the other driver is at fault and does not have auto liability insurance or does not have enough insurance to cover all of your losses, uninsured/underinsured motorist coverage covers you. But, this would mean that your settlement award can be much lower than what you deserve. This is because there is no insurance coverage that will pay for your damages.
Unless the policyholder waives it in the agreement, every automobile insurance policy must include uninsured driver coverage in California. It protects you if you’re driving and are injured by an irresponsible or hit-and-run driver.
Insurance Policy Limits
California law mandates that drivers carry a certain amount of liability insurance.
As per Section 11580.1b of the California Insurance Code, drivers must have the following insurance coverage:
- $5,000 for property damage
- $15,000 for injury or death to someone’s personal injury cases
- $30,000 for injury or death to more than one personal injury case
It may be challenging to secure a full accident settlement in California for your injuries if the driver’s policy limitations are less than the damages you have suffered.
While you may be able to sue the other driver for additional damages, recovering reimbursement from an underinsured driver who does not have many assets might be challenging.
Halavanau Law Office Can Help You Increase Your Settlement Value
Availing the service of experienced auto accident attorneys is the most excellent way to ensure that you obtain your car accident’s settlement value.
At Halavanau Law Office, P.C., our personal injury lawyer represents individuals in all aspects of personal injury trials or insurance claims. Our experienced attorney is dedicated to holding negligent parties accountable and helping injured people to obtain the settlements they deserve. We take most of our cases on a free consultation protected by an attorney-client relationship. And we work on a contingent fee agreement, meaning that we are paid only when we recover money from the other party.
Do not waste time! Contact an experienced San Francisco car accident lawyer at Halavanau Law today at (415) 494-8535. We will handle your accident claim so you can focus on your recovery.