A car accident can leave you with medical bills, lost income, and ongoing pain. If someone else caused the crash, you may be entitled to compensation. The amount depends on several factors, including the severity of injuries, insurance coverage, and evidence in the case.
Hasbrook & Hasbrook Personal Injury Lawyers help car accident victims seek fair compensation. Whether through settlement or trial, the goal is to recover damages for medical expenses, lost wages, and pain and suffering. Every car accident case is unique, and settlements vary based on the details of the claim.
Understanding what affects a car accident settlement amount can help you know what to expect. The right legal strategy can increase the chances of securing maximum compensation. Acting quickly is important, as deadlines may apply to your claim.
Types of Compensation in a Car Accident Lawsuit
A car accident settlement includes different types of damages. The amount awarded depends on the severity of injuries and the consequences on the victim’s life.
Economic Damages (Tangible Losses)
- Medical expenses – Covers hospital bills, surgeries, prescriptions, physical therapy, and any future medical expenses related to the injury.
- Lost wages – Compensation for income lost due to the accident, including time off work for recovery and reduced earning ability.
- Property damage – Pays for vehicle repairs or replacement, as well as damaged personal belongings inside the car.
- Out-of-pocket costs – Includes expenses for transportation to medical appointments, home modifications for disabilities, and hiring assistance for daily tasks.
Non-Economic Damages (Intangible Losses)
- Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life.
- Pain and suffering damages – Additional compensation for long-term discomfort, trauma, or mental health struggles caused by the accident.
- Loss of enjoyment of life – This applies when injuries prevent participation in hobbies, social activities, or other life experiences.
- Loss of consortium – Compensation for the effects on relationships, including loss of companionship or inability to care for loved ones.
Punitive Damages (In Cases of Gross Negligence)
Punitive damages are awarded when a driver’s actions go beyond negligence and show reckless disregard for safety. These damages punish the at-fault party and serve as a warning to others. They apply in cases of drunk driving, street racing, or intentional harm.
Unlike economic damages or pain and suffering, punitive damages are not meant to compensate the victim for losses. Instead, they penalize the responsible party for extreme misconduct. Courts decide whether punitive damages apply based on the evidence presented. Since these cases involve serious legal arguments, having an experienced car accident lawyer can make a significant difference in the outcome.
Factors That Affect the Value of a Car Accident Settlement
Here are several factors that affect the value of a car accident settlement:
Severity of Injuries
More serious injuries lead to higher settlements. A minor sprain will not be worth as much as a spinal injury or traumatic brain injury. Victims with long-term disabilities or the need for future medical expenses often receive more compensation.
Permanent injuries harm earning potential and require ongoing medical care. Medical expenses, rehabilitation costs, and assistive devices like wheelchairs add to the settlement value. If the injury affects daily life or causes chronic pain, damages due to pain and suffering may also increase. The more severe the injury, the greater the financial repercussions, which leads to a higher settlement.
Who Was at Fault?
Fault plays a major role in determining how much a car accident victim can recover. If the other driver is fully responsible, their insurance company pays for damages. If both parties share fault, the settlement may be reduced based on the victim’s percentage of responsibility.
For example, if a victim is 20% at fault, their car accident claim may be reduced by 20%. In some states, if a driver is more than 50% responsible, they may not receive compensation. Proving fault requires strong evidence, such as police reports, witness statements, and video footage.
Insurance Policy Limits
A car accident settlement amount is often limited by insurance coverage. If the at-fault driver has low policy limits, the payout may not fully cover damages. In these cases, victims may need to seek compensation through their own uninsured or underinsured motorist coverage.
Higher policy limits result in larger potential settlements. However, even with high limits, insurance companies often try to settle for less. An accomplished car accident lawyer negotiates for the maximum payout allowed under the policy.
Strength of the Evidence
Strong evidence supports a higher car accident settlement. The more proof available, the harder it is for the insurance company to dispute the claim. Clear documentation of medical bills, pain and suffering, and property damage strengthens the case.
Medical records, expert testimony, and accident reconstruction reports help prove the extent of injuries. A well-documented case increases the chances of a fair settlement and discourages the insurer from making low offers. The quality of the evidence can make a significant difference in the final car accident settlement amount.
Average Car Accident Settlement Amounts
Settlement amounts vary based on injury severity, insurance coverage, and case strength. While no two cases are the same, looking at car accident settlement examples can give a general idea of what to expect.
Typical Settlement Ranges
The average settlement for minor accidents typically falls between $5,000 and $25,000. These cases involve minor injuries, such as sprains or whiplash, with limited medical expenses.
Moderate injuries, including fractures or surgeries, often result in higher settlements. These cases include higher medical bills, extended recovery times, and some pain and suffering damages.
Severe injuries, such as spinal cord damage or traumatic brain injuries, can lead to car accident settlements in the hundreds of thousands or even millions. These cases often include lifelong medical care, permanent disabilities, and loss of earning capacity. The final car accident settlement amount depends on medical documentation, expert testimony, and financial losses.
How Jury Verdicts Can Differ from Settlements
Most car accident claims are settled before reaching trial. However, if negotiations fail, a jury may decide the outcome. A trial can result in higher compensation, especially for severe injuries, but it also carries risks.
Juries consider the long-term effects of injuries, including ongoing medical expenses and emotional suffering. In cases involving gross negligence, they may award punitive damages. Unlike settlements, jury verdicts are unpredictable. Some awards exceed settlement offers, while others fall below expectations.
Going to trial takes longer and may involve additional legal costs. An experienced car accident lawyer can determine whether accepting a car accident settlement or taking the case to trial is the best option.
How a Car Accident Lawyer Can Maximize Your Compensation
Getting fair payment after a car accident is not always easy. Here’s how an experienced personal injury attorney can help you maximize your claim:
Negotiating with Insurance Companies
Insurance companies want to save money. They may offer a low payment or say your injuries are not serious. Without a lawyer, you might accept less than you need.
A car accident lawyer handles all talks with the insurance company. They use medical bills, proof of pain and suffering, and lost income records to push for a higher car accident settlement. If the insurer does not offer a fair amount, the lawyer can prepare for trial.
Lawyers also know how to find extra money. If the at-fault driver has low insurance coverage, they can check if other sources are available, like the victim’s own policy.
When to Take a Case to Trial
Most car accident claims end in a settlement. But sometimes, the insurance company refuses to offer enough. When this happens, going to trial may be the best choice.
A judge or jury can decide if the victim should get more. Cases that go to trial often involve serious injuries, big medical expenses, or long-term suffering. Juries look at how badly the victim was hurt and how the car accident changed their life. If the other driver was reckless, the court may even award extra money as punishment.
A lawyer helps decide if a trial is worth the risk. Trials take longer and are not always predictable. But in some cases, they can lead to much higher payments.
FAQs
What is a typical car accident settlement?
A typical car accident settlement depends on how serious the injuries are. Minor injuries may get between $5,000 and $25,000. More serious cases with broken bones or surgery can go over $100,000. If the injuries are life-changing, the amount could be even higher.
How is a car accident injury settlement calculated?
A car accident injury settlement is based on medical expenses, lost wages, and pain and suffering. The more serious the injury, the higher the amount. Insurance companies look at doctor reports, accident details, and recovery time when deciding how much to offer.
Do all auto accident cases go to court?
No. Most auto accident cases end in a settlement. The insurance company usually offers a deal to avoid a trial. But if they refuse to pay a fair amount, the case may go to court.
How long do personal injury claims take to settle?
Some personal injury claims settle in weeks, while others take months or even years. The time depends on injury severity, how willing the insurance company is to negotiate, and whether a lawsuit is needed.
Will hiring a lawyer increase my settlement?
Yes. A personal injury attorney knows how to deal with insurance companies. They gather evidence, prove damages, and push for the best car accident settlement amount possible. Without a lawyer, insurance companies may offer much less than you deserve.
Call Our Oklahoma Car Accident Lawyer for a Free Case Consultation
If you were hurt in a car accident, you may be able to get money for medical expenses, lost wages, and pain and suffering. The insurance company may try to pay less than you deserve. Having a lawyer on your side can help you get a fair settlement.
Hasbrook & Hasbrook Personal Injury Lawyers fight for car accident victims. Our team understands how to handle personal injury claims and negotiate with insurance companies. Whether you need help with a car accident injury settlement or want to take your case to court, we are ready to help.
Time limits apply to filing a car accident claim, so it is important to act fast. Call today for a free consultation. An experienced car accident lawyer will review your case and help you take the next steps. Get the compensation you deserve.