1 December, 2023
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
After an accident, settlements help to cover the financial burden incurred due injuries and damages from the accident. Therefore, the settlement amount, though dependent on various factors, should reflect the victim’s legal damages.
At The Barnes Firm, we have handled thousands of car accident claims. When you bring your car accident case to one of our experienced lawyers, they will determine the damages to assess the value of your claim. They will then negotiate with the opposing counsel and insurance adjusters for a fair settlement that provides the necessary resources to cope with the aftermath of an accident.
No two accident cases are alike. So, let’s look at what car accident victims might expect regarding compensation.
According to the Insurance Information Institute 2020 report, the average bodily injury claim was between $4,711 and $20,235 for car accidents. However, many factors go into determining the final personal injury settlements, and many can be much higher than reported averages.
Damages are the losses you suffered as the victim/plaintiff as a result of the car accident. In California, damages are classified into two categories, economic and non-economic. Economic damages are easy to quantify, and they include:
On the other hand, non-economic damages involve those losses that are harder to quantify. These include:
Usually, your personal injury attorney will determine the total value of damages incurred directly, which will affect the overall value of the case.
The extent and severity of injuries you sustained in the car accident can greatly determine the case value. California law recognizes that more severe injuries often lead to higher compensation.
For instance, injuries that result in long-term disability, extensive medical treatments, or permanent impairment typically command larger settlements to address ongoing medical needs and the impact on the victim’s life. These injuries may include:
Your level of responsibility in causing the car accident is one of the considerations that affect how much you will receive as a settlement. California state follows a pure comparative negligence system, which means that even if the victim was primarily at fault, they can still seek compensation.
The key feature of pure comparative negligence is that the injured party receives compensation proportionate to the other party’s degree of fault. For example, if a court determines that a plaintiff is 70% responsible for a car accident, they can still recover 30% of the total damages. Therefore, their compensation will be reduced accordingly.
Insurance policies are characterized by a limit that is payable, which the policyholder cannot control. If the responsible person has limited insurance coverage, it may constrain the overall settlement amount, particularly if the victim’s damages exceed these policy limits.
All drivers are required to carry $15,000 in liability coverage in California, which may not be enough to cover the legal damages fully.
The quality of the legal representation can significantly impact the case’s outcome. An attorney who is familiar with California car accident laws will navigate the legal process, carry out the necessary negotiations, and, if necessary, litigate to ensure the victim receives fair compensation. The attorney’s ability to build a strong case and effectively present evidence can positively influence the final settlement.
After an accident, the actions you take can significantly impact the eventual settlement amount you receive. Here are key considerations:
Seeking prompt medical attention is crucial for your health and potential settlement. Timely medical care will address the immediate injuries and also establish a clear connection between the accident and your injuries. Medical records are evidence in establishing the extent of your injuries and the necessary treatments that could strengthen your case for fair compensation.
In California, the victim has a responsibility to act reasonably to minimize harm. Failing to mitigate damages by delaying or neglecting medical treatment can be used against you. Insurance adjusters may use this gap to argue that you didn’t sustain severe injuries as you allege. This could cast doubt on the extent of your damages and potentially lower the settlement amount.
The next step after a car accident is to hire a car accident lawyer to carry on with your personal injury claim. A lawyer will:
Insurance companies will try to give a quick settlement and may portray the move as sympathetic. However, note that they want to resolve the matter quickly so as to provide a lower amount. Do not accept the first offer without careful consideration.
Early settlement offers often do not account for long-term medical costs, ongoing treatment, or potential complications that may arise later. Allow a lawyer to handle such communication to avoid being swayed by insurance companies into their trick of trying to offer low settlements.
Securing fair compensation after a car accident is crucial for addressing the resultant injuries and losses. The Barnes Firm urges victims to consult a car accident attorney immediately after an accident. Early action allows for the swift initiation of the claims process, which helps build the case before the expiration of the allowable time limit.
Our team will help you go through the legal claim process and ensure you receive the compensation you deserve. Contact us today at (800) 800-0000 for free case evaluation and dedicated legal support.
“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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