Car accidents have the potential to leave victims and their families with significant medical expenses and other damages from which it could take months or even years to recover. The fact that an injured person cannot work makes the financial burdens victims and families face even more difficult to bear in the aftermath of a car accident.
This is why many car accident victims wonder what type of monetary settlement they can expect in their case. This is a crucial question, and the answer depends on the types of injuries, damages, and losses a victim has sustained and the degree of negligence on the part of others involved in the accident.
No two car accident injury claims are alike. An experienced Los Angeles car accident lawyer can help you evaluate your losses and determine what your injury claim is worth.
Average Car Accident Settlement Amounts Received in California
Car accidents can leave victims with significant medical expenses, lost income, and other damages. When severely injured, you may be unable to work for an extended period, making it more challenging to pay your bills.
The average car accident settlement could vary depending on the facts and circumstances of each case.
Several factors, including the nature and severity of your injuries, the extent of property damage, long-term damage or disabilities, physical and emotional pain and the degree of negligence on the defendant, determine the value or worth of your car accident claim.
At Vaziri Law Group, the average settlement received by our clients is significantly higher. Take a look at some of our settlements below.
-
$5,850,000+ settlement for client injured in rear-end accident
-
$4,200,000 for a client injured when pushed into another vehicle
It is important to remember that you should never rush into a settlement before you have discussed your case with a knowledgeable and experienced Los Angeles car accident lawyer.
Settling your case too soon could mean that you may not be able to file future claims or seek compensation for future injury-related treatments you may require, such as surgery. So, do not sign any agreements without discussing them with your attorney.
Average Car Accident Settlement Payouts by Injuries
The value or worth of a car accident settlement depends on the severity of the injury you suffer in a crash. Accident settlements involving injuries are typically higher than crashes with only property damage.
Back and neck injuries
This could range from pain and lack of motion to life-changing injuries. Even minor strains could lead to chronic pain that could make it difficult for you to work or even perform everyday activities. Major spinal cord injuries could result in significant settlements.
Soft tissue injuries
Refer to injuries that damage muscles, ligaments, and tendons throughout the body. These types of injuries often involve extensive rehabilitation, such as physical therapy. These costs should also be added to the value of your car accident settlement.
Joint injuries
Car accidents also result in injuries to joints such as shoulders, hips, knees, and ankles. These types of injuries also often require rehabilitation and maybe even long-term therapy.
Herniated disc
These types of injuries occur when the tissues between the vertebrae become damaged. Herniated disc injuries result in chronic pain and could limit mobility. Recovery can be slow, so you may be unable to work for an extended period.
What to Do If There Is An Accident
After a car accident, you may be confused about your next steps. One of the first things you should do if you have suffered injuries in the accident is to contact an experienced Los Angeles car accident lawyer who can get to work immediately to collect and compile crucial evidence and deal with insurance companies.
Another step you will have to take right after the car accident is to call your auto insurance company to report the auto accident.
If you have been involved in a car accident, here are the steps to take to make sure your rights are protected:
-
Stop and remain at the accident scene, even if you believe you were not at fault.
-
Pull over to a safe spot. Make sure you and your passengers are in a secure location.
-
Call 911 if anyone has been injured. Call the police even if there are no serious injuries to generate an official report with investigation details. Obtain a copy of this report for your records.
-
Get as much evidence as possible from the scene, including photos, videos, and eyewitness statements. If you cannot obtain this information, ask a family member or friend if they can.
-
Exchange information with the other parties, including insurance details, driver's license, names, and contact information.
-
Notify the insurance company as soon as possible.
-
Seek medical attention immediately, even if you don't believe you've been seriously injured. Doing so can help show evidence of the injuries you sustained and the treatment you sought.
-
Contact an experienced Los Angeles car accident lawyer who can help protect your rights and ensure that valuable evidence is preserved.
What Not To Do After a Car Accident
One mistake car accident victims usually make is to accept the first settlement the insurance company offers. This is often a lowball offer that is likely insufficient to cover all your losses. You may not even know the full extent of your losses for several months.
For example, you may need surgery or ongoing treatment for your injuries. If you settle too soon, you may not seek compensation for those injury-related costs. In other words, you may have to pay your future medical bills out of pocket.
When you retain the services of the experienced car accident attorneys at the Vaziri Law Group, we will spring into action right away by collecting and compiling evidence, including police reports, employment records, all medical bills, property damage estimates, etc.
We will help you determine an approximate settlement amount for your case by examining the evidence and facts of your case.
Car Accident Settlement Agreement Form and Insurance Claim Settlement
In California, parties to a car accident settlement are required to sign a Section 1542 waiver. Section 1542 of the California Civil Code protects individuals from denied rights to claims they don't know yet. This waiver essentially states that a general release of future claims does not cover claims that the person is unaware of when signing the release.
For example, if you are collecting compensation for a car accident settlement, the insurance company may offer a lump sum settlement that releases them from future liabilities for your injuries. If you do that, you may be unable to make additional claims.
What is important to remember is that a 1542 waiver is a blanket waiver that, if signed, wipes out any future claims you could bring against a defendant, regardless of what you knew at the time of signing.
It is a waiver of known and unknown injuries and damages. While you will receive your car accident settlement if you refuse to sign this waiver, it is important to exercise caution.
Make sure you have your lawyer present throughout the process to make sure your rights are protected. Be aware that sometimes waivers from insurance companies may include language that prohibits you from seeking compensation for future injuries that may not be foreseeable.
An experienced Los Angeles car accident lawyer will seek your best interests and help you avoid these pitfalls.
Car Accidents by Settlement Types
The type of car accident in which you were involved can impact the settlement amount. Some types of car accidents can potentially cause major injuries and significant property damage. These types of incidents will typically result more severe injuries and in larger car accident settlements.
Minor Car Accidents
Even car accidents described or categorized as "minor," such as a fender-bender, could result in minor injuries and vehicle damage. In such cases, settlements could average a few thousand dollars. These settlements will help victims pay for the necessary medical care and funds to repair the car.
Rear-end and T-bone Car Accidents
These types of car accidents often result in much more serious injuries and may result in your car being totaled. Also known as side-impact or broadside crashes, T-bone accidents typically occur at street intersections.
Distracted drivers often cause rear-end accidents. Those injured in such serious accidents stand to receive higher settlements than those injured in relatively minor crashes. The settlement amount will hinge on the nature and severity of your injuries.
Head-on Collisions
Like rear-end and T-bone collisions, head-on collisions could also result in catastrophic or even fatal injuries. Because these crashes happen at high speeds, the damage can be much more severe, and settlement amounts could be even higher.
Factors That Might Affect Settlement Value
Here are some of the key factors that could affect the value of your car accident settlement:
Severity of the Injuries
Car accident injury claims that involve major or catastrophic injuries typically result in larger settlements because they require more medical treatment and rehabilitation and also tend to have a more significant impact on the victim's quality of life.
Examples of such injuries include brain injuries, spinal cord trauma, internal injuries, and limb amputations.
Medical bills
If your injuries are more severe, your medical bills will also likely increase. Whether or not you need ongoing medical care or treatment, as well as other factors such as disabilities, scarring, and your age, could determine the value of your car accident settlement.
Circumstances of the Accident
Other parties' negligence could also increase your settlement amount. For example, the circumstances would be egregious if another driver caused the crash by driving under the influence. In some cases, victims may also receive punitive damages separate from compensatory damages.
Punitive damages are typically awarded in cases where the defendant has engaged in negligence or wrongdoing that could be considered egregious or outrageous.
Lost Wages
If your injury prevents you from working—temporary or permanent—that loss should be factored into your settlement amount.
Other factors that should be considered are the impact of your injury on your career, your capacity to earn, and your overall ability to make a livelihood.
Non-Economic Damages
In addition to the monetary damages you sustain, there are other repercussions, such as physical pain and suffering, emotional anguish, and the loss of life's enjoyment, which are "non-economic damages."
Evidence
The stronger your evidence is, the more likely your settlement amount will be higher. This is because the other side will know that they cannot prevail against you if the case goes to trial.
This is why getting an experienced Los Angeles car accident lawyer involved earlier is important so they can collect critical evidence ranging from police reports and medical records to surveillance video or eyewitness statements that will help strengthen your claim.
Tips to Help You Maximize Your Car Accident Settlement
There are several actions you can take to increase the value of your car accident settlement:
Get prompt medical attention.
You must receive prompt medical attention to get maximum compensation for your losses. Documenting your injuries is critical because it will show that the accident directly caused them.
Maintain copies of your employment records.
Your settlement will typically include lost income. So, you must keep records, including paystubs, statements from your employer that describe your pay rate, and time sheets.
Don't accept a lowball offer.>
Insurance companies often try to avoid paying maximum compensation by extending a lowball offer to victims. Do not accept the first offer the insurance company makes. Take advice from your lawyer to protect your best interest.
Don't forget future damages.
Maximizing your car accident injury settlement also means considering how your injury might affect your future. For example, you may need surgery or ongoing treatment. You may have lost your ability to earn money. These elements need to be factored into your car accident settlement.
Stay away from social media.
Any information you put online can work against you getting the best settlement in your case. Do not discuss the details of your accident or injuries online. Keep a low profile until you receive your settlement.
Car Accident Settlement Calculator
A car accident settlement calculator can help victims and their families understand the types of economic damages they may recover.
Economic damages are those for which you can be compensated, meaning they are quantifiable and can be substantiated with evidence such as documentation.
You can come up with an estimated value of your car accident claim only after you compile detailed information about your most car accident claims, including the losses you have incurred.
Your car accident lawsuit settlement will typically be based on the following information:
-
The cost of damage to your car and other property
-
Your medical bills include emergency room, hospitalization, surgery, medication, and medical equipment expenses
-
Cost of future medical bills, including the cost of ongoing treatments
-
Amount of wages you have lost due to inability to work
-
Loss of earning capacity if you have been disabled
This calculator will help you arrive at a rough estimate of how much you can seek in terms of compensatory damages for your car accident. However, it is important to note that this calculation can only give you an approximate value of your claim.
While a settlement calculator is a good starting point, an experienced Los Angeles car accident lawyer can help you consider all factors for a more accurate evaluation.
Car Accident Settlement Process
Most car accident cases are resolved through out-of-court settlements, which means a very small percentage of these cases go to trial. The process to obtain a settlement in your car accident case is as follows:
Filing a lawsuit
In California, the statute of limitations for filing a lawsuit for personal injury is two years. This means you have two years (in most cases) to file a lawsuit in civil court. If your case involved a government entity, you have six months to file your notice of claim. Once the lawsuit is filed and served, defendants have 30 days to file their responses.
Discovery
During the discovery process, both parties interview witnesses during depositions and exchange information, including evidence to be presented during the trial.
Mediation
This is the step before the case goes to trial when lawyers try to settle it. Mediation is a non-binding settlement conference where lawyers attempt to get a fair resolution for their clients. If mediation does not yield a fair settlement, the case will move toward trial.
While some cases end up in trial, most settle before that. You need an experienced lawyer who is a skilled negotiator on your side who can help you get the best possible settlement.
Client Car Accident Settlement FAQs
How long does it take to secure a car accident settlement?
This time could vary. If you have been severely injured, your case could take longer. Typically, it could take about a year to receive a settlement.
How much can I expect from a car accident settlement?
If you have only incurred property damage, your settlement may be lower than if you suffered injuries. The more serious your injuries, the larger your settlement will likely be. An experienced car accident lawyer can help assess the accurate value of your claim.
Do I need to get physical therapy to receive a settlement?
It is unnecessary to go to physical therapy to receive a settlement. However, if you need physical therapy, you must include that value in your settlement because these are often out-of-pocket costs.
Will my case go to court?
A vast majority of car accidents are settled out of court. However, some cases go to court. When you retain the services of a personal injury lawyer here, it is important to choose an excellent negotiator and a skilled trial attorney who can take your case to court if necessary
How can I get more money from a car accident settlement?
Contact a car accident lawyer immediately to maximize your settlement. Be sure to keep all documentation relating to car accident settlement examples as to your injuries and property damage.
Is my car accident settlement taxable?
While personal injury attorney car accident settlements are not taxed as income, wage-based settlements could be taxed. It is best to consult with a tax advisor and licensed CPA regarding any tax questions.
Importance of a Car Accident Lawyer
Car accident statistics show that victims and families who retain the services of a knowledgeable car accident lawyer tend to receive substantially more compensation compared to those who don't.
At the Vaziri Law Group, APC, our team will take every possible step to help support you through these challenging times—from ensuring that you get the healthcare you need to collecting evidence and doing everything in our power to secure maximum compensation for your losses.
How long does a car accident settlement take? We offer a free initial consultation and don't collect any fees until you receive compensation for your losses.
Call us at (310) 777-7540 for more information about pursuing your legal rights.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment