Car accidents are physically, emotionally, and financially distressing to all involved, especially when one or more motorists suffer injuries. Obtaining compensation after an accident cannot erase the pain and trauma, but it does relieve immediate financial hardship and brings car accident injury victims in California a sense of financial accountability and justice.
One of the first questions a car accident victim asks when facing the legal challenge of filing a car accident claim under California’s fault-based insurance system is whether or not the process is worthwhile.
Understanding Average California Car Accident Settlements
Every car accident claim is as different as every car accident, with many possible variables impacting the end amount of a settlement agreement. According to collected data, the average settlement after a car accident in most states, including California, is between $15,000 to $25,000. It’s important to remember; however, that arriving at an average requires a wide range of individual settlement results. This average number may not be relevant to your case. The amount of a settlement depends on the damages an accident victim faces, which could be a single missed paycheck and emergency room bill or a lifetime of disability, depending on the severity of their injuries.
What Damages Can I Recover in a Car Accident Claim in California?
A car accident victim may experience a wide range of physical, emotional, and economic consequences after an accident. These consequences are their “damages” in a car accident injury claim. Common damages recovered in California car accident claims include the following:
- Property damage costs to repair or replace a vehicle
- Reimbursement for medical expenses
- Anticipated future medical costs related to injury care and the recovery period
- Lost wages
- Future income loss/diminished future earning capacity
- Compensation for pain and suffering
- Compensation for other non-economic damages that apply in individual claims such as loss of limb, loss of vision or hearing, disfigurement, diminished quality of life, and PTSD
The total compensation available to a car accident victim in California depends on the extent of their damages, the total insurance coverage of the at-fault party, and the strength of the evidence of an at-fault party’s liability a Van Nuys accident lawyer presents to make a compelling case during negotiations with the insurance company.
How Does Being Partly at Fault for the Accident Affect My Compensation?
California is a pure comparative negligence car accident state that allows car accident victims to recover compensation for their damages even if they contributed to the cause of the accident. After the investigation, each driver is assigned a percentage of fault. They can still recover compensation but their amount of fault is subtracted from the total. For example, if one driver causes a rear-end collision because they were distracted, they may seem completely at fault for an accident. But what if the car in front braked abruptly because of a squirrel in the road? In this example, an insurance company could assign the driver of the front vehicle a portion of fault for the accident. If the total amount of their damages is $100,000 but the insurance company says they were 25% at fault, it reduces the claim to $75,000.
Under a fault-based insurance system like California’s, it’s crucial to have experienced legal representation to protect against an insurance company incentivized to assign an unfair percentage of blame to protect their profits. Reaching a fair car accident settlement in California requires careful investigation, documentation of evidence, and a compelling claim for recovery.
