In california, what is the average settlement for a car accident

After a motor vehicle accident in California, you may suffer severe injuries, pain and suffering, and property damage. The medical bills, treatment costs, and other financial losses you’ve incurred due to the auto accident can be very costly. It’s important to keep in mind that every accident is unique and the amount of your potential settlement will heavily depend on the specific facts of your case. The best way to understand the value of your claim is to contact a personal injury attorney at Lem Garcia Law.

Speaking with an experienced auto accident attorney can increase your odds of obtaining a more significant car wreck settlement. With the help of skilled and dependable lawyers at Lem Garcia Law to guide you through the process and offer you honest legal advice about settlement amounts, you will know your legal rights and the best options moving forward.

What is the Average Car Accident Settlement in California

In California, the average car settlement amount is $21,000. Under California law, accident victims are eligible to pursue compensation for their damages. However, there’s no true standard settlement amount. All auto-accident claims must be viewed on an individual basis. The compensation an accident victim is eligible to receive can depend on the amount and severity of the damage they suffered.

Some examples of compensation you may recover after a motor vehicle accident include:

Pain and suffering
Past and future medical expenses
Property damage
Lost wages
Emotional injuries
Loss of consortium
Loss of quality of life

And more.

A horrific crash can lead to life-threatening injuries that can impact a person’s life forever. While receiving compensation can reduce the financial challenges and monetary burden of the accident, some things cannot be taken back. Determining how to navigate the settlement process can be challenging without the help of an experienced accident lawyer by your side.

Documentation of Damages

To maximize your settlement, you must document your losses. An insurance company will look for any way they can reduce the value of a settlement payout. An accident victim will not get the total compensation they deserve if they are unable to provide documentation and other evidence that supports their claim.

The following are some examples of documentation that can be used as evidence:

Medical records
Vehicle wreckage and debris
Vehicle repair cost estimate
Daily written documentation of injury, such as the healing process, chronic pain levels, or the emotional distress the injuries have caused
Photos of actual injuries
Witnesses
Dashcams
Photos and videos of the crash scene, damage to personal property

One of the biggest mistakes that an accident victim can make is not preparing and presenting proof of damages. This can end up costing them thousands of dollars. At Lem Garcia Law, our experienced injury lawyers have significant experience handling personal injury claims. We’re committed to helping accident victims maximize the amount of compensation they receive.

An Accident Attorney Can Work with Your Insurance Company

Insurance adjusters are trained negotiators and working with them without the help of an attorney can be a very stressful and frustrating experience for the accident victim. Insurance adjusters are hired to represent the financial interest of the insurance company. You should not and cannot rely on an insurance adjuster for advice. Most insurance adjusters will attempt to settle an accident claim for the smallest amount of compensation possible, despite the severity of accident injuries or other damages. You should never go up against an insurance company alone.

Instead, you must hire a personal injury lawyer as early on in the claims process as possible. An attorney will handle all interactions and correspondence with the insurance company and will carefully build and present your claim. They will also negotiate on your behalf for the maximum settlement amount. If an insurance company refuses to offer the settlement amount, your attorney will meet with you to discuss filing a personal injury lawsuit. If you agree, they can get started right away, preparing your case for trial.

What Factors Can Impact an Auto Accident Settlement Amount?

After an accident, you need to receive the compensation you deserve for your claim, to cover the cost of all of your losses. However, insurance companies often offer settlements that are much lower than accident victims anticipate. There are dozens of factors that can impact the settlement amount, which is why you must meet with an auto accident attorney to discuss what types of damages you may be eligible to receive and the fair settlement amount you can expect for your damages.

Below is a list of some factors that can have a major impact on your auto accident settlement.

Accident Victim’s Statement and Actions After an Auto Accident

The accident victim’s actions after an auto accident can have a major impact on their injury claim. For example, if the victim tells first responders that they feel fine after the collision and they fail to seek medical treatment for several days or weeks after the accident, an insurance company will argue that the accident did not cause their injuries.

If the accident victim apologizes to the other driver for the collision, an insurance company might allege that they were admitting fault. If the accident victim speaks with the other driver’s insurance company or agrees to provide a formal statement, they may say something the insurance adjuster can use to deny or undervalue their claim.

Insurance Coverage Availability

The amount and type of auto insurance coverage can also impact the settlement amount. California drivers are required to have a minimum of $15,000 per person/ $30,000 per accident for bodily injury liability. There is also a $5,000 minimum requirement for property damage. If the other driver is entirely at fault for the crash and has the minimum insurance coverage, the most an accident victim could receive from the insurance company is $30,000.

A personal injury lawsuit can be filed against the negligent driver, but if they do not have any assets to pay the claim then a guilty judgment could be worthless.

If the accident victim has underinsured driver coverage, that can be a better option. Underinsured motorist coverage can compensate the accident victim for damages when the other driver’s insurance coverage is insufficient to pay for the claim. Underinsured motorist coverage is an optional insurance policy that a driver can purchase with their liability insurance policy.

Physical Injuries

The type and severity of the injuries sustained in an auto accident can impact the settlement. Since the damages associated with severe injuries are more significant, the claim value increases. For example, the settlement amount for permanent injuries, such as a spinal cord injury or traumatic brain injury can be much higher compared to a crash that involves mild soft tissue injuries.

The loss of enjoyment of life, pain and suffering, loss of income, and the cost of treatment is more significant with a permanent disability than with an injury that will heal in a matter of weeks.

Future Expenses

The types of damages that are available in a personal injury claim may include future damages. Future damages are paid when an accident victim sustains a permanent impairment or disability. The accident victim may require long-term personal care or ongoing medical treatment.

Calculating future damages is a very complex and challenging process. There are a number of factors that can impact the value of these damages, such as the accident victim’s income loss, cost of care, life expectancy, experience, career, education, and age. Medical and financial experts can assist in estimating future damages.

Financial Damages

Typically, any necessary and reasonable expense related to a collision and the accident victim’s injuries can be included in financial damages.

This can include:

Occupational, physical, and other therapies
Medical supplies and medications
Assistance with household chores
Personal care costs
Any travel expenses to medical appointments
Medical bills
Loss of income

Documentation of all financial damages is necessary to ensure that all expenses can be included in the accident claim.

The amount of future damages may impact the value of non-economic damages. The common method used to calculate non-economic damages, such as pain and suffering is to calculate the financial damages based on the extent of the injuries and other factors. Often, the higher the financial damages, the higher the value of non-economic damages.

The Insurance Company

Some insurance companies will undervalue or deny accident claims. They can make the claims process very difficult and frustrating and may engage in bad faith practices to avoid paying accident victims the compensation they deserve. Hiring an auto accident attorney can be the best way for accident victims to protect their claim and their rights. It will also make the insurance company take them more seriously and offer the compensation payout the accident victim deserves.

Contact Lem Garcia Law Today

The aftermath of a motor vehicle accident can be both frightening and stressful. Attempting to navigate the legal claim process alone can lead to a lower settlement amount than what you deserve. At Lem Garcia Law, our accident attorneys have years of experience helping accident victims recover the compensation they deserve. Contact our office today to schedule a no-obligation, free case strategy session. You can meet with us to discuss your case and have all of your questions answered. If you don’t decide to work with us, you will still leave our office knowing what your legal options and rights are. If you do decide to hire one of our personal injury lawyers, we can get started right away, investigating your accident and building a strong case that will help you receive the full and fair compensation you deserve. Contact our office today to learn more.