Top Factors That Might Influence Your Car Accident Settlement Amount

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on June 9, 2024

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The aftermath can be overwhelming when you’ve been involved in a car accident. One of the most pressing concerns is often the potential settlement amount you may receive to cover your damages, medical expenses, and other losses. Many factors can influence the outcome of your car accident settlement, and understanding these elements can help you navigate the complex process of seeking fair compensation.

Fault and Liability

How does fault affect my car accident settlement?

Fault is a crucial factor in determining your car accident settlement. In most cases, the party found to be at fault for the accident is responsible for paying damages to the other parties involved. The degree of fault assigned to each party can significantly impact the settlement amount. If the other driver is found to be entirely at fault, you may be entitled to a higher settlement. However, if you are found to be partially at fault, your settlement may be reduced proportionately.

What if I am partially at fault for the accident?

In Oklahoma, the concept of comparative negligence is used to determine settlement amounts when multiple parties are at fault. Under this system, your settlement will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault and your damages are $100,000, your settlement would be reduced by 20%, resulting in an $80,000 payout. However, if you are found to be 50% or more at fault, you are barred from recovering any compensation (23 OK Stat § 23-13).

Severity and Type of Injuries

How do the type and severity of my injuries impact my settlement?

The nature and extent of your injuries play a significant role in determining your settlement amount. Generally, more severe injuries result in higher settlements, as they often involve greater medical expenses, longer recovery times, and more significant impacts on your quality of life. For example, a traumatic brain injury or spinal cord damage will likely result in a higher settlement than a minor whiplash injury.

Can I recover compensation for emotional distress, pain, and suffering?

Yes, you can seek compensation for emotional distress and pain and suffering caused by your car accident. These non-economic damages are intended to compensate you for the mental anguish, inconvenience, and loss of enjoyment of life resulting from your injuries. However, these damages can be more challenging to quantify and prove than economic damages like medical bills and lost wages.

Medical Treatment and Expenses

How do my medical bills influence my settlement amount?

Your medical expenses are a key factor in determining your car accident settlement. The cost of your treatment, including hospital bills, doctor visits, medication, and rehabilitation, will be taken into account when calculating your settlement. It is crucial to keep detailed records of all your medical expenses related to the accident, as these documents will serve as evidence to support your claim.

What if I require future medical treatment due to my injuries?

If your injuries are severe enough to require ongoing or future medical treatment, your settlement should also account for these anticipated expenses. Your attorney may work with medical experts to estimate the cost of your future care needs, such as additional surgeries, therapy, or long-term medication. These projected expenses will be factored into your settlement demand.

Property Damage

Extent of Property Damage Settlement FactorsHow does the extent of damage to my vehicle affect my settlement?

The cost of repairing or replacing your damaged vehicle will be included in your settlement. The extent of the damage to your car will directly impact this portion of your settlement. Be sure to obtain detailed repair estimates or replacement valuations to support your property damage claim.

What if my car is deemed a total loss?

If your vehicle is deemed a total loss, meaning the cost of repairs exceeds its fair market value, your settlement will typically include the fair market value of your car before the accident. This amount may be determined by factors such as your car’s make, model, age, and condition prior to the accident.

Lost Wages and Income

Can I recover compensation for lost wages due to my injuries?

Yes, you can seek compensation for the income you lost as a result of your car accident injuries. This includes wages, bonuses, and other forms of income you would have earned had you not been injured. You will need to provide documentation, such as pay stubs or tax returns, to prove your lost income.

What if I am unable to return to my previous job because of the accident?

If your injuries prevent you from returning to your previous job or limit your earning capacity, you may be entitled to compensation for future lost income or diminished earning potential. This can be a complex calculation that takes into account factors such as your age, education, skills, and pre-injury earnings. An experienced attorney can help you determine the appropriate amount to seek in your settlement.

Insurance Coverage

How does the at-fault party’s insurance coverage impact my settlement?

The at-fault driver’s insurance coverage can significantly impact your settlement amount. If the driver has a high-limit liability policy, there may be sufficient coverage to compensate you fully for your damages. However, if the driver has minimal or no insurance coverage, your settlement may be limited, and you may need to explore other options, such as your own uninsured/underinsured motorist coverage.

What if the other driver is uninsured or underinsured?

If the at-fault driver is uninsured or does not have enough insurance to cover your damages, you may need to turn to your own uninsured/underinsured motorist coverage. This type of coverage, if you have it, can help compensate you for your losses when the at-fault party lacks sufficient insurance. In some cases, you may also be able to pursue legal action directly against the at-fault driver, although collecting a judgment can be challenging if they have limited assets.

Evidence and Documentation

What types of evidence can strengthen my car accident claim?

Important evidence may include:

  • Police reports
  • Photos of the accident scene, vehicle damage, and injuries
  • Medical records and bills
  • Witness statements
  • Expert testimony (e.g., accident reconstruction specialists or medical experts)
  • Lost wage documentation

Gathering and preserving this evidence can significantly bolster your case and increase your chances of receiving a fair settlement.

How important is a police report in determining my settlement amount?

police report can be a valuable piece of evidence in your car accident claim. The report often includes the responding officer’s assessment of fault, statements from involved parties and witnesses, and a description of the accident scene. While not conclusive, a police report that assigns fault to the other driver can strengthen your case and support a higher settlement amount.

Witness Testimony

Can witness statements influence my settlement amount?

Yes, witness statements can play a crucial role in supporting your car accident claim and influencing your settlement amount. Independent witnesses who can corroborate your version of events and provide testimony about the accident can lend credibility to your case. Their statements can help establish fault and bolster your claim for damages.

What if there were no witnesses to my accident?

Even if there were no witnesses to your accident, you can still build a strong case using other forms of evidence, such as police reports, medical records, and expert testimony. However, witness statements can be particularly valuable in cases where fault is disputed or the evidence is unclear. If there were no witnesses, your attorney may need to work harder to gather and present other compelling evidence to support your claim.

Legal Representation

How can hiring a car accident attorney affect my settlement?

Hiring an experienced car accident attorney can significantly impact your settlement amount. An attorney can:

  • Thoroughly investigate your accident and gather evidence
  • Identify all potential sources of compensation
  • Negotiate with insurance companies on your behalf
  • Ensure your rights are protected throughout the process
  • Advocate for your best interests and work to maximize your settlement

Studies have shown that car accident victims who hire attorneys often receive higher settlements than those who attempt to handle their claims on their own.

Is it worth hiring a lawyer for a minor car accident?

Even in minor car accidents, hiring a lawyer can be beneficial. An attorney can help you navigate the claims process, ensure you receive fair compensation for your damages, and protect your rights if complications arise. Some car accident attorneys work on a contingency fee basis, meaning they only collect a fee if they secure a settlement or judgment on your behalf. This arrangement can make it more affordable to hire legal representation, even in smaller cases.

How does the statute of limitations impact my ability to receive a settlement?

Statute of LimitationsThe statute of limitations is the legal deadline for filing a car accident lawsuit. In Oklahoma, the statute of limitations for most car accident cases is two years from the date of the accident (12 OK Stat § 12-95). If you fail to file your lawsuit within this time frame, you may lose your right to seek compensation through the court system. It is crucial to be aware of this deadline and to consult with an attorney promptly to ensure your rights are protected.

Contact Hasbrook & Hasbrook for Assistance with Your Car Accident Claim

Navigating the complexities of a car accident claim can be challenging, especially when you are dealing with injuries and financial losses. The experienced Oklahoma car accident attorneys at Hasbrook & Hasbrook can help you understand the factors that may influence your settlement and fight for the compensation you deserve.

If you or a loved one has been involved in a car accident, don’t hesitate to contact Hasbrook & Hasbrook for a free consultation. Call us today at (405) 605-2426 to discuss your case and learn how we can help you pursue a fair settlement.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.