Car accidents can leave victims and their families with significant medical expenses, as well as other financial obstacles that lower their quality of life for years. Accident victims usually find themselves unable to work for a significant amount of time, or even worse, unable to return to work, depending on the severity of their injuries.
This is why monetary compensation is essential to the lives of those who have suffered horrible injuries due to the careless actions of another driver. The amount an accident victim can sue for will be dependent on their injuries, the impact the accident has had on their lives, and the insurance policy of the liable party. To maximize your settlement, it is important to consult with a car accident attorney to receive full compensation for your damages.
Settlements for Car Accidents with Bodily Injuries in California
What your settlement may be worth will be reflected in your medical treatment costs, rehabilitation expenses, and the impact your injury will have on your future earning capacity. For example, if you’ve sustained injuries resulting in permanent disability or disfigurement, your potential settlement will most likely include compensation for long-term care and loss of quality of life. This type of settlement will no doubt be worth more than a person who suffered only a fractured wrist in a car accident. While a wrist fracture is painful, it usually does not require surgery and probably won’t result in a permanent disability.
Types of Settlements for a Car Accident in California
While there is no typical settlement amount for car accident claims, there are three settlement amounts accident victims can expect after winning their claim. These settlements include:
- Low settlement: low settlements usually consist of minor accidents with little to no injuries. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages.
- Moderate settlements: moderate settlements apply to accidents with moderate injuries such as whiplash, fractures, and bruises. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery.
- High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident.
Can I Still Sue if I Wasn’t Injured in a Car Accident in California?
Yes, a lawsuit can still be filed after a car accident even if you were not injured. Certain damages can exist without physical harm being done. These damages include:
- Property damage: if your vehicle was damaged in an accident, you can sue for the cost of repairs or replacement from the liable party.
- Emotional distress: car accidents are traumatic events, which may cause you to be overwhelmed by the stress of the incident. Some accidents can feel like near-death experiences, even if you did not suffer an injury.
- Negligence and liability: if a driver was intentionally driving recklessly, such as driving drunk or street racing, you can sue for punitive damages even if you were not injured.
- Insurance disputes: insurance companies usually don’t offer accident victims fair settlements. If that is the case, then you can file a lawsuit against the insurance for fair compensation.
Calculating Pain and Suffering for a Car Accident in California
Pain and suffering in a personal injury lawsuit is considered a non-economic damage. This means there is no specific dollar amount assigned to it because it is not a tangible thing such as physical therapy, surgery, or medication. Physical items such as these have fixed costs and are considered economic damages.
For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Pain and suffering evidence is considered the following:
- Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
- Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
- Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
- Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.
Contact a Car Accident Lawyer in California
If you or a loved one have suffered injuries due to a car accident in California, contact one of our experienced personal injury attorneys at Maison Law. We’ll help you recover compensation for the damages you have suffered, even if you were found partially at fault for the accident. Contact Maison Law today to get the legal help you need. Our consultation is 100% free and you don’t pay a cent until we’ve won your case.
