The amount of money you can ask for will depend on the details of your car accident. If you or a loved one has suffered a car accident due to another driver’s recklessness, you will need monetary compensation to cover your medical expenses, lost income, as well as the pain and suffering you’ve been forced to experience.
What is My Car Accident Settlement Worth?
The total cost of each of these factors will become your settlement amount. An experienced personal injury attorney will help you calculate the value of your economic damages and non-economic damages. These damages include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your car accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
It is important to note that insurance companies will not assist you in any way during the claims process. An insurance adjuster’s job is to get you to settle for the lowest amount possible, or assign partial blame to you for the accident and reduce your settlement. For that reason, it is important to retain legal counsel after you’ve suffered injuries from a car accident.
Factors That Affect Your Settlement Amount
In an ideal world, every insurance company should compensate accident victims based on their losses. Their primary goal should be to make those who have suffered damages at the hands of another whole again. Unfortunately, that is rarely the case in personal injury claims. In fact, insurance companies will fight tooth and nail to avoid paying you anything. Personal injury lawyers will protect you from “low-ball” settlement offers and hold the insurance companies responsible for the full extent of your damages. An attorney will know the value of your case based on the following factors:
- The nature and extent of your injuries
- The total cost of medical treatment, which includes physical therapy, medical procedures, consultations, and doctor visits
- The amount of time you were forced to miss work due to your injury or the amount of time you had to spend receiving treatment
- Whether you had to switch jobs or careers due to your injuries
- The extent of your pain and suffering, which includes whether or not you’ll be living with pain long-term or permanently
- Whether your injuries are permanent or not
- The amount of insurance available from the liable party
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
How to Recover Damages from a Car Accident in California
Proving fault is something that is often overlooked when victims are seeking damages, but it is an essential step in reaching a successful outcome for your lawsuit. The evidence necessary to prove fault includes the following:
- Crash reports, police reports, and witness statements
- Testimony from accident scene investigators and expert witnesses
- Medical evidence, as well as photos
- Video and photos of the accident
- The other driver’s phone records through a subpoena if distracted driving is suspected
Each of these elements can tell a story of how the accident occurred and make it irrefutably clear as to who was responsible for your accident. It is important to note, there are usually multiple liable parties involved in car accidents. Depending on the details of your claim, these could include:
- The driver
- A car maintenance company
- Car manufacturing company
- Parts manufacturing company
- City, county, or state agency that may have created a hazardous road condition
Once a liable party is found and carelessness is established, you will need to demonstrate at least one physical injury due to their car accident. This can be verified through a medical expert. A skilled accident attorney can help you satisfy your legal burden proof to maximize the damages you can recover.
Contact a Car Accident Lawyer in California
If you or a loved one have been injured in a car accident in California, our skilled team of accident attorneys at Maison Law will seek the maximum amount of compensation for your damages. Car accidents can be complicated and traumatic situations that no one deserves to manage alone. For expert legal counsel, contact Maison Law today to partner with an experienced law firm and see what options are available to you. Our consultation is free, and you don’t pay a cent until we win your case.
