Understanding how much to expect from a settlement in the aftermath of a car accident helps you secure fair compensation for your injuries and losses. Knowing the factors that influence settlement amounts can also prepare you for the process ahead.
Most importantly, never try to seek a settlement for crash-related injuries alone, as you risk getting much less than you deserve. Instead, an experienced car accident attorney can obtain maximum compensation for the harm you endured.
A Brief Overview of Car Accident Settlements
More than five million people in the US suffered car accident injuries severe enough to require medical attention in a recent year. Many of these injured victims had to fight for the necessary funds to cover their medical bills and other expenses. Many of these victims received settlements for those expenses, which may or may not have covered their losses.
Components of a Settlement
Key components of a car accident settlement include liability, damages, and the negotiation process. Liability refers to determining who is at fault for the accident.
You just establish liability to determine which party must compensate you. Police reports, witness statements, and evidence gathered at the accident scene all help determine blame.
Damages are another crucial component of car accident settlements. Damages refer to the losses suffered by the injured party due to the accident, including medical expenses, lost income, property damage, and pain and suffering.
Courts typically award damages based on the severity of the injuries, the extent of the financial losses incurred, and the impact of the accident on the victim’s life.
The negotiation process is the final component of a car accident settlement. Once an attorney establishes liability and assesses damages, the parties negotiate to reach a mutually acceptable settlement amount.
This process often involves back-and-forth discussions between the injured party and the insurance company, with each side presenting their arguments and supporting evidence to support their position.
Factors Influencing Settlement Amounts
There’s no straightforward way to tell you how much to expect from a car accident settlement without reviewing your specific situation. Many factors will influence the final compensation you may receive. Here’s a look at some of the most important ones.
Severe Injuries Usually Result in Higher Settlements
The worse your injury, the higher the settlement you can expect to receive. A fair settlement will cover medical expenses, rehabilitation costs, and compensation for pain and suffering.
Injuries that lead to long-term or permanent disability may also warrant larger settlements to account for ongoing medical care and loss of earning capacity.
Someone with a broken arm may be in significant pain and experience substantial inconvenience for weeks or months. But that person will likely return to a normal life.
However, if someone suffers a severe spinal cord injury, their disability might be permanent. They’ll be entitled to more compensation since their expenses will increase.
Property Damage
Property damage also plays a role in settlement amounts. The extent of vehicle and personal property damage will affect the overall settlement. Higher repair or replacement costs for your vehicle and personal belongings may result in a larger settlement to cover these expenses.
Insurance Policy Limits
Insurance coverage is another significant factor influencing how much to expect from a car accident settlement. The at-fault party’s insurance policy limits will impact the maximum compensation available.
Your attorney may explore other compensation options if they don’t have enough coverage to fully cover your damages. These options include underinsured motorist coverage or taking legal action against the driver personally.
The Experience of Your Car Accident Attorney
The quality of your legal representation can also significantly impact your settlement.
A skilled and experienced car accident attorney can fight for your rights, negotiate effectively with insurance companies, and work to ensure you receive fair compensation for your injuries and losses.
Your attorney will assess the strength of your case, gather evidence, and present a compelling argument to support your claim, ultimately maximizing the settlement amount you receive.
How a Car Accident Lawyer Evaluates Damages
Attorneys consider economic and non-economic factors to determine the appropriate compensation for your injuries and losses. The following briefly explains each.
Economic Damages
Economic damages encompass tangible financial losses resulting from the accident. These may include medical expenses incurred to treat injuries sustained in the accident.
Your attorney will assess all medical bills related to emergency room visits, hospital stays, surgeries, medications, rehabilitation, and ongoing therapy to determine the total cost of your medical care.
Property damage is another aspect of economic damages that attorneys evaluate. This includes the cost of repairing or replacing your vehicle and any personal property damaged in the accident, such as electronics, clothing, or other belongings.
Attorneys also consider lost income when calculating economic damages. If your injuries prevent you from working or reduce your earning capacity, you may be entitled to compensation for the income you would have earned during the time you were unable to work.
Your attorney will assess your employment history, salary, and the extent of your injuries to determine the lost income you’re entitled to receive.
Non-Economic Damages
Non-economic damages, on the other hand, are subjective. They’re substantially more challenging to quantify. These damages compensate you for intangible losses resulting from the accident.
One significant component of non-economic damages is pain and suffering. This includes physical pain and discomfort caused by your injuries, as well as emotional distress and mental anguish resulting from the accident.
Emotional distress encompasses feelings of anxiety, depression, fear, and trauma experienced as a result of the accident. Your attorney will consider the impact of the accident on your mental health and well-being when calculating non-economic damages.
Loss of enjoyment of life is another aspect of non-economic damages that attorneys evaluate. This refers to losing the ability to participate in activities and hobbies you enjoyed before the accident.
Your car accident lawyer will assess how your injuries have affected your ability to engage in recreational activities, spend time with loved ones, and pursue your interests.
Calculating Settlement Amounts
Insurance companies employ various methods to determine the value of your claim. One standard method used by insurance adjusters is the pain and suffering multiplier method.
In this approach, the insurer adds your economic damages, such as medical expenses and lost income, to calculate your total financial losses. They then apply a multiplier to this sum to account for your pain and suffering, emotional distress, and other non-economic damages.
The multiplier the insurer uses typically depends on the severity of your injuries and the accident’s impact on your life. Insurance adjusters consider the extent of your injuries, the duration of your recovery, and the long-term effects of the accident on your physical and emotional well-being when determining the multiplier to apply to your case.
They will add this amount to your economic damages to arrive at the settlement they offer.
The Per Diem Method
Insurance companies sometimes use the per diem method to calculate settlement amounts. They assign a daily rate to your pain and suffering based on factors such as your injury’s severity and the estimated recovery duration.
They then multiply the number of days you’ll likely experience pain and suffering by the daily rate to determine your total non-economic damages.
For instance, if the insurance adjuster determines you’ll experience pain and suffering for 100 days and assigns a daily rate of $100, your non-economic damages will equal $10,000 ($100 x 100 days). The insurer will add this amount to your economic damages to arrive at the total settlement amount.
These Methods Aren’t Always Fair
Ultimately, insurance companies use these methods to assess the value of your claim and determine a settlement offer, given the circumstances of the accident and the extent of your injuries.
However, insurance adjusters usually attempt to minimize your settlement by using lower multipliers or disputing the severity of your injuries.
Working with an experienced car accident attorney can ensure you do not accept a low settlement. They can then negotiate effectively with insurance companies for the full and fair compensation you deserve for your injuries and losses.
Factors Impacting Settlement Negotiations
Negotiating a settlement for your car accident claim can be a complex and challenging process, influenced by various factors that can affect the final settlement amount.
Pre-Existing Conditions
One factor that can affect negotiations is pre-existing conditions. If you have pre-existing medical conditions or injuries the accident worsened, insurance adjusters may downplay their significance or argue that the accident didn’t cause them.
Your attorney can help you gather medical records and evidence to demonstrate the link between your pre-existing conditions and the accident, ensuring that you receive fair compensation for all your injuries.
Laws and Regulations
State laws and regulations can also affect settlement negotiations. Each state has its own laws governing car accidents, including statutes of limitations, fault rules, and damage caps. These laws can affect your ability to file a claim, the amount of compensation you receive, and the legal requirements for pursuing a settlement. Your car accident attorney will know the laws in your state and can advise you on how they may affect your case.
Evidence and Witnesses
The strength of your evidence and the credibility of your witnesses can also impact settlement negotiations. Suppose you have compelling evidence to support your claim, such as eyewitness testimony, accident reconstruction reports, or surveillance footage.
In that case, insurance adjusters may be more inclined to offer a higher settlement amount to avoid going to trial. Your lawyer can gather and present evidence effectively, strengthening your case and maximizing your chances of securing a favorable settlement.
How a Skilled Car Accident Lawyer Negotiates a Fair Settlement
Negotiating a settlement for your car accident claim involves understanding the negotiation process and employing effective strategies to advocate for fair compensation.
How the Process Works
It can help to understand the negotiation process. After filing a claim with the at-fault driver’s insurance company, negotiations typically begin with the insurance adjuster reviewing your claim and making an initial settlement offer.
Your attorney will then review the offer, assess the strength of your case, and determine whether the offer adequately compensates you for your injuries and losses. If it doesn’t, your attorney will negotiate with the insurance company for a fair settlement.
Negotiation Strategies
Attorneys use various strategies when negotiating with insurance companies to maximize settlement amounts.
One strategy is presenting compelling evidence to support your claim.
Your attorney will gather medical records, accident reports, witness statements, and other evidence to demonstrate the extent of your injuries, the severity of the accident, and your financial losses.
Leverage
Another strategy is using leverage to negotiate a higher settlement amount. Your car accident attorney may leverage factors such as the strength of your evidence and the potential for litigation to persuade the insurance company to offer a higher settlement.
By demonstrating your willingness to go to court if the insurer fails to offer a fair settlement, your attorney can encourage the insurer to negotiate in good faith and offer a more favorable settlement amount.
Patience and Persistence
Remaining patient and persistent is also crucial during the negotiation process. Negotiations may take time, with multiple rounds of offers and counteroffers exchanged between your attorney and the insurance company. Remain patient and avoid prematurely accepting a settlement offer.
Your lawyer will advise you on the fairness of each offer and negotiate on your behalf to secure the best possible outcome. You increase your chances of achieving a successful settlement by remaining persistent and committed to obtaining fair compensation for your injuries and losses.
Trust an Experienced Car Accident Lawyer
To determine how much to expect from a car accident, hire skilled legal representation. Your best chance of getting the money you deserve is to hire an experienced personal injury attorney as soon as possible. Seek a free consultation today.
