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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.
If you’re involved in a car accident, one of your first questions might be about the compensation you can expect. In Oklahoma, car accident settlements vary based on the severity of the injuries.
According to a survey from the Insurance Information Institute, Oklahoma’s average car accident compensation is $20,000 and above, with an average property damage amount of $4,711. This amount can vary widely based on the accident’s details and its effects on your life.
It’s not just about fixing your car; it’s also about covering medical bills, lost wages, and other losses. Understanding the factors that influence compensation can help set realistic expectations.
At Hasbrook & Hasbrook, we know the average car accident settlement can vary based on several factors. We fight for car accident victims every day.
The compensation for a car accident depends on several factors, including the accident’s severity, your injuries, and how these injuries affect your daily life and future.
No two car accident claims are the same, and the compensation will reflect the unique circumstances of your accident. Car accident settlements vary, and knowing what to expect can considerably affect how your claim unfolds.
Learn more about the typical car accident settlement below. Then, contact our team to discuss your personal injury claims.
Factors That Affect Car Accident Compensation
Different elements contribute to the compensation you might receive after a car accident. These include your medical costs, the damage to your vehicle, any income you lose if you can’t work, and the overall impact on your quality of life.
The other driver’s behavior and insurance coverage also play a crucial role. Awareness of these factors can give you insights into how much you might expect from your car accident settlement.
Severity of Injuries and Medical Expenses
Severe injuries often lead to higher medical expenses, which can increase your compensation. You must consider all medical costs, including emergency care, surgery, medications, and long-term treatments or therapy.
The total cost can become a major part of your claim, especially if you require ongoing care. This is why detailed and accurate documentation of all medical treatments is essential.
Property Damage and Vehicle Repair Costs
If your vehicle was damaged in the accident, the cost of repair or replacement, if it’s totaled, will be included in your compensation.
You should get a professional estimate of the repair costs or the current market value if your car is beyond repair. These figures are usually straightforward but ensure you don’t settle for less than what’s needed to restore your vehicle to its pre-accident condition.
Lost Wages and Future Earnings Potential
If your injuries stop you from working, you can claim compensation for lost wages. Furthermore, if your ability to earn money in the future is affected, you may also be entitled to compensation for lost earning potential. It can be difficult and often requires expert testimony to project future losses accurately.
The Actions and Negligence of the Defendant
The defendant’s level of negligence—how much the accident was their fault—affects your compensation.
If you can prove that the accident was entirely the fault of the defendant, your compensation amount could increase. This means demonstrating that the defendant failed to observe reasonable care while driving.
The Type of Insurance Policy the Defendant Has
The defendant’s insurance coverage plays a major role in your compensation. If their policy limit is high, you have a better chance of receiving full compensation for your damages.
However, if their limits are low, you might not be fully compensated unless you have underinsured motorist coverage on your policy.
Pain and Suffering, Emotional Distress, and Long-Term Disabilities
Compensation for pain and suffering covers the physical pain and emotional distress caused by the accident.
If you have long-term disabilities as a result of the collision, you can also demand compensation for these. These damages are more subjective but can notably increase your compensation.
The Resources of the Parties To Pay
The financial resources available to pay a settlement can affect your compensation. If the defendant has significant personal assets beyond insurance, this might increase the potential compensation.
However, collecting from someone who has limited assets can be challenging, regardless of the settlement amount determined.
Types of Damages You Can Claim in a Car Accident Case
In a car crash lawsuit, you can claim several damages, depending on your losses and injuries. Understanding these can help you evaluate the full scope of your claim. Here are the main categories:
Economic Damages (Medical Bills, Lost Income, Property Damage)
- Medical expenses. Covers all costs related to your medical treatment, from immediate care to long-term therapy.
- Lost wages. Compensation for the money you would have earned if the accident hadn’t occurred.
- Property damage. This covers the costs to repair or replace your vehicle and any other damaged personal property.
- Future medical costs. If you need ongoing medical care, these costs can also be claimed.
- Loss of earning capacity. If your ability to work is permanently affected, compensation for future earnings can be sought.
Non-Economic Damages (Pain and Suffering, Loss of Enjoyment of Life)
- Pain and suffering. This compensates for the physical pain you experience due to the accident.
- Emotional distress. Specifically, it addresses the psychological effects of the collision, such as anxiety or depression.
- Loss of enjoyment of life. If the crash impacts your ability to enjoy daily activities or hobbies, you can demand compensation.
- Disfigurement. If the accident causes scars or permanent damage, you can seek damages for these physical changes.
- Loss of consortium. Compensation is awarded for the challenges of the injuries to your relationship with your spouse.
Punitive Damages in Cases of Gratuitous Negligence or Recklessness
Punitive damages are not related to your direct losses but are meant to punish the defendant for especially reckless or negligent behavior. These are not awarded in every car accident case but can be significant if the defendant’s egregious actions.
To receive punitive damages, you must usually prove that the defendant acted with conscious disregard for the safety of others.
How Insurance Companies Calculate Settlement Offers
- Review of facts. Insurance companies start by reviewing the accident report and your medical records to establish the facts of the case.
- Determination of fault. They assess the degree of fault or negligence assigned to each party involved.
- Evaluation of damages. They calculate the total cost of your medical treatments, property damage, and other economic losses.
- Consideration of non-economic damages. Insurers estimate the value of pain and suffering based on the severity of your catastrophic injuries.
- Policy limits check. The insurer checks the defendant’s policy limits to see how much can be covered.
- Negotiation preparedness. They prepare an initial offer to start negotiations, often lower than you may be entitled to.
- Final offer and settlement. After negotiations, the insurer makes a final offer, which you can accept or decide to take to court.
Steps to Take to Increase Your Car Accident Compensation
- Document everything. Keep detailed records of all medical treatments, costs, and communications with insurance companies.
- Report the accident immediately. Notify your insurance company about the accident as soon as possible.
- Seek medical attention. See a doctor for a complete medical examination even if you don’t feel hurt, as some injuries are not immediately apparent.
- Gather evidence. Gather as much evidence as possible, including photos of the scene, witness statements, and a copy of the police report.
- Consult an attorney. Talk with an experienced personal injury lawyer to know your rights and options.
- Avoid early settlement offers. Before consulting your attorney, do not take the first settlement offer, as it may not fully cover your losses. Insurance companies always want to offer a below-average settlement.
- Negotiate assertively. Be prepared to negotiate with the insurance company or let your attorney handle negotiations on your behalf.
How Hasbrook & Hasbrook Can Help Maximize Your Car Accident Claim
- Expert legal advice. Our law firm provides expert legal advice customized to the specifics of your car accident case.
- Negotiation with insurance companies. Our professionals know how to negotiate with insurance companies to ensure you receive fair compensation.
- Thorough investigation. We complete a thorough investigation of your incident to gather all needed evidence to support your claim.
- Representation in court. If necessary, we are prepared to represent you in court to fight for the compensation you deserve.
- No upfront costs. We work on a contingency basis, which means you don’t pay unless we win your case. Contact our experienced personal injury attorney for help with your car accident lawsuit.
Call Our Oklahoma Car Accident Lawyer To Schedule a Free Case Consultation
If you have been involved in a car accident, don’t hesitate to contact Hasbrook & Hasbrook for a free consultation. Our experienced car accident lawyers are here to help you pursue car accident claims and maximize your entitled compensation.
We always put the needs of the car accident victim first. We can even see if we can pursue pain and suffering damages on your behalf. Contact us today to schedule a free case consultation.