Maison Law can answer any question you might have when you’re hurt in a car accident in Madera. One of the biggest questions we hear after an accident is: “How much can I get for my injuries?” It’s an absolutely fair question. While there’s no one-size-fits-all number, our Madera car accident lawyers can help you build a strong claim and give you a realistic idea of what to expect. Set up a free consultation today to learn more.
How Much Can I Expect to Get for My Injuries After a Car Accident?
One of the biggest questions after a car accident is simple: What kind of settlement can I expect? The answer depends on the details of your accident and your injuries–but what you can expect from us is a clear strategy to help you take home as much as possible to support your recovery. Here are some of the key things that can affect how much you might be able to get:
- Your medical costs – Whether it’s a few doctor visits or ongoing treatment like physical therapy or surgery, your settlement should cover all related medical expenses—both now and in the future.
- Time away from work – If you’ve had to miss work, or if your injury limits how much you can earn going forward, those lost wages and reduced earning ability become part of your claim.
- Pain and suffering – Physical pain, emotional stress, and daily struggles all count. These are real losses, and they should be reflected in what you’re paid.
- Lasting impact – Some injuries stick with you long after the accident. If you’re facing chronic pain or permanent changes to your mobility or health, your claim should account for that long-term effect.
- How your life has changed – If your injuries keep you from enjoying hobbies, spending time with family the same way, or simply doing what you used to do, that matters–and it’s part of your case.
- Vehicle damage – If your car or any personal property was damaged in the crash, those costs can also be included in your settlement.
- What the other driver did – If the driver who hit you was being especially careless–like texting while driving or speeding–you may be able to get additional financial support.
- Whether you share any blame – In California, if you’re found partially at fault, your “damages” can be reduced. For instance, if you’re 20% responsible, your total recovery would be reduced by 20%.
The bottom line: there’s no one-size-fits-all number. But with the right support, you can build a strong claim that reflects everything this accident has cost you. This raises an important point, though: how do you actually get a settlement.
How Do You Get a Settlement in a Car Accident Claim?
The claims process after a car accident is built around two similar–yet different–options: filing an insurance claim out of court or filing a personal injury lawsuit inside the court system. Here’s how these two claims work:
- Filing an insurance claim – Most cases start here. It’s a quicker, less formal process handled outside of court. The insurance company investigates and makes a settlement offer. But here’s the catch: those first offers are usually low and may not come close to covering everything you’ve been through. That’s why having a lawyer in your corner matters–we can step in to negotiate for something fair.
- Filing a lawsuit – If the insurance company won’t take your injuries seriously, the next step may be filing a lawsuit. Lawsuits take more time and legal work, but they also tend to lead to higher damages. If a fair deal can’t be reached, your case could go to trial, where a judge or jury decides what you’re owed.
Either way, the point of filing a claim is to recover “damages”—which is just the legal term for the financial, physical, and emotional impact the crash had on your life. That includes:
- Medical bills, from emergency care to ongoing treatment
- Vehicle repairs or a replacement if your car was totaled
- Lost wages and any future income you won’t be able to earn
- Pain and suffering, including physical pain and emotional trauma
- Loss of enjoyment of life, if your injuries affect your day-to-day
- Wrongful death costs, if you lost a loved one in the accident
Keep this in mind: California gives you two years from the date of the accident to file a claim. If you miss that deadline, it could mean giving up your right to get a settlement at all.
Who’s Responsible for Paying My Damages?
Filing your claim and getting damages is your ultimate goal after a car accident in Madera. But your expectations should be built around a very important concept–who actually pays for my damages? That’s called liability–and the person (or company) who caused the accident is usually the one who ends up paying for your damages.
To prove liability, you need to show negligence, which basically means someone didn’t act as carefully as they should have. That could be a distracted driver, a speeding truck, or even a city that didn’t fix a dangerous road. Legally, it means showing:
- Duty of care – The other party had a responsibility to drive safely.
- Breach of duty – They failed to meet that responsibility.
- Causation – Their actions led directly to the accident.
- Damages – The accident caused you harm, financially or physically.
Responsibility can fall on different parties, depending on what happened. That might include:
- Another driver (which is the most common outcome)
- A passenger or pedestrian
- A government agency
- A company that made a faulty vehicle part
- The owner of the vehicle involved (if they weren’t driving)
The bottom line: Every accident is different, and who pays (and how much) depends on the details. That’s why it helps to have someone who can break it down, build your case, and help you aim for the best possible outcome. Maison Law and our team of Madera car accident lawyers can do just that. Set up a free consultation today to get started.