Typical Car Accident Settlement Amounts With Injury

Typical Car Accident Settlement Amounts With Injury

Car accidents, especially the more severe ones, can potentially leave victims and their families with costly medical expenses and other damages that may take months or even years to recover from.

Typically, when you’re involved in a car crash, the last thing on your mind is how a settlement through your company insurance works.

However, as the reality of what transpired sets in and you start to get back into the swing of things, you may wonder how you will recover from the expenses.

Suppose you find yourself tangled in such a harrowing situation. In that case, you must remember that settlement amounts for vehicular accidents can vary based on the many factors of the accident.

The severity of injuries, the amount of damage to the vehicles involved, and the number of injured people all play a significant role when determining the settlement amount.

Suppose you were involved in an accident. In that case, you might ask yourself whether or not you are entitled to any settlement. If you are, how much can the insurance company pay for?  What about the damages sustained by your vehicle?

Do state regulations allow you to receive settlement payment even if you were partially at fault? How do authorities determine who is responsible?

This write-up seeks to provide answers to these questions. It also offers valuable insights about hiring a personal injury attorney if you were involved in a vehicular accident scenario.

If you’re involved in a car crash, contact an attorney to help you out. PersonalInjuryLawyerSearch.org is your go-to resource for seeking legal assistance concerning injury cases.

Browse our website and learn the benefits of working with a car accident lawyer, especially in cases involving penalties, fines, and lawsuits.

There’s No Such Thing as a Typical Settlement

A typical car accident is a nonexistent case. Some minor accidents cause major physical damage, and every once in a while, even a severe accident will have everyone involved walking away without injuries.

Because of the varying factors that affect each case, it is impossible to give even a ballpark figure on an average vehicular accident settlement.

In line with that, the succeeding topics will give you a clearer idea of what to expect when making claims after a car accident.

The Truth About Car Accident Settlements

After a car accident, predicting a specific settlement amount for injuries can be difficult because each case is unique. TV ads boasting high compensation amounts can be misleading, as most cases don’t result in high settlement payouts.

The value of your claim depends on many factors, such as injuries, medical bills, and lost wages. However, most accidents are minor, with people often recovering from bruises or mild soreness.

On the other hand, severe accidents with significant injuries are less common but play a role in determining the overall value of a case.

Not All Car Crashes Are Created Equal

Not all vehicular accidents are the same; some are just fender benders, but even these can lead to more severe cases like back injuries and whiplash.

If you fracture a bone or two, that just adds to the effect. And, as we all are aware, hospital visits, rehabilitation, chiropractor sessions, and surgery are very costly nowadays. These costs play a role in determining the ultimate value of your settlement.

Suppose you were found to be reasonably fine after the crash. In that case, your overall settlement may also be reduced.

The at-fault driver’s behavior at the time of the incident plays a huge role in determining the value of the settlement. At-fault drivers who are intoxicated are often subjected to higher penalties because it was their choice to be on the steering wheel while impaired.

The Average Settlement for Car Accidents Varies

Determining the average car accident settlement amount is difficult. Aside from the fact that each case differs, it’s also challenging to estimate since most settlements are private.

A report from the Insurance Information Institute shows that the average settlement for bodily injuries resulting from car accidents is $18,417. For property damages, the amount is $4,525.

However, these figures are implausible to apply to your specific case since, as mentioned earlier, the settlement amount is based on the details of the incident and whether or not you seek professional help.

Minor Car Accident Settlement Amounts

Minor vehicular accidents like fender benders often do not translate to a bodily injury settlement. Most of these accidents are resolved by having the insurance pay for damages.

However, even minor accidents can lead to injury. These are the following injuries a person might sustain from a minor car crash:

  • Whiplash
  • Sprains from the impact
  • Strains

Although minimal, these injuries still come with medical expenses. They may also cause the loss of wages if the victim cannot work.

Also, sometimes, even a minor car crash can cause injuries that need rehabilitation or any other type of treatment that requires a person to visit the hospital numerous times.

These low-impact injuries can be difficult to negotiate because insurance companies often attempt to fight your case from every possible angle.

It’s also not rare that an insurance company will downplay the severity of your injury to the point of outright accusing you of making up claims just to raise your settlement compensation.

Suppose you find yourself embroiled in such a difficult situation. In that case, it’s always best to seek the advice of a personal injury lawyer.

Severe Car Accident Settlement Amounts

In accidents that cause death, permanent disabilities, long-term medical care, and severe injuries, the settlement amount can be substantial, reaching hundreds of thousands or even millions of dollars in some cases.

Various factors such as wages, pain and suffering, medical expenses, and negligence’s extent determine high settlement amounts.

Note that the above examples are only simplified overviews. The circumstances of each accident, the severity of the injury, and other factors will determine the actual settlement amount.

It is always best to seek an attorney’s help concerning accident settlement issues.

The At-fault Driver’s Insurance

As a victim in a car crash case, you have the right to sue the responsible party for the injuries you sustained, including the pre-existing injuries’ aggravation (if any).

Remember that depending on the state where the accident happened, you may be unable to sue the insurance company directly.

Suppose the at-fault party has motor vehicle insurance. In that case, the coverage should compensate for personal injury claims and property damage within the policy limits.

Liability Insurance

The settlement amount for an accident is based on the parties’ respective insurance policies. Suppose you are involved in an accident and are not responsible for the crash. In that case, the other driver’s liability insurance should cover your damages.

Often, there are limits on a driver’s liability policy. In some states, the liability insurance minimums are as follows:

  • $15,000 for the death or injury of one person
  • $30,000 for the death or injury of multiple persons
  • $5,000 for property damages of another person

Remember that the abovementioned figures are minimum limits only, and drivers often have more coverage in their insurance.

Tort

Tort refers to a person’s ability to sue for pain and suffering damages in a vehicular accident. A limited tort coverage gives less ability to sue for damages but is often more affordable. On the other hand, full tort coverage allows the driver to sue for economic and noneconomic damages.

Although costlier, full tort ensures you always recover damages from pain and suffering if you are injured in an accident.

Your Own Insurance Policy

In most states, it is a requirement for drivers to have a PIP (personal injury protection) policy that covers damage expenses – regardless of who is responsible for the accident.

If you’re the aggrieved party, you must file a claim with your insurance company to pay for the losses. You may be qualified to claim motorist coverage, depending on the situation. 

Moreover, you can file a lawsuit to claim compensation for damages the accident has caused.

Underinsured and Uninsured Drivers

If the at-fault party’s insurance has a lower ceiling than the accrued legal damages, that driver is considered underinsured.

The insurer will pay you up to their policy limit for such cases. The remaining settlement amount will have to come from other sources. These sources can be:

  • Your underinsured motorist policy
  • The at-fault driver’s assets
  • Some other party

An uninsured driver doesn’t have liability coverage to pay for a settlement or verdict against them.

If you were involved in a crash and the at-fault is uninsured, you will most likely struggle to find compensation. For such cases, you may have to turn to:

  • Any asset that the driver at fault has
  • An insurance claim against your uninsured motorist coverage
  • Some other party

In cases where the at-fault party doesn’t have insurance or has insufficient coverage, filing a lawsuit against them is always an option.

Accidents Involving Multiple Drivers

A multi-car accident pertains to a car crash that involves three or more vehicles. Despite the simple definition, it can result in severe injuries for the occupants of the vehicles.

 Determining liability in these cases is more complex than in single-car accidents. Distributing the funds becomes challenging if the at-fault driver has limited insurance coverage and multiple people sustain injuries that exceed the available coverage.

In such situations, it will be up to you and your legal team to convince the court that the costs were necessary and reasonable.

Shared Liability

To discuss shared liability, we’ll use the state of Pennsylvania as an example. In Pennsylvania, the comparative negligence doctrine allows those injured to recover settlement even when they are partly responsible for the accident.

Pennsylvania has a 51% comparative negligence rule, which means if you are deemed more than 50% responsible for the fault, you won’t be able to gain any compensation for damages.

How Car Accident Settlements Are Calculated

One of the factors that must be considered when determining the value of your case is your share of the fault itself.

While no formula is available to determine the exact value, the facts of the case can provide the necessary information to help a personal injury lawyer decide how much compensation to seek.

For example, victims who had minor property damages would be paid less to settle a claim than those who have lost a loved one due to the accident.

Below are typical factors that affect settlement amounts

  • Medical expenses
  • Lost wages
  • Emotional distress
  • Property damages
  • Pain and suffering

Medical Bills

Such expenses include all costs associated with your injury’s care up until the present time and the care that is still anticipated. Some examples are:

  • Hospital bills
  • Doctor bills
  • Rehabilitation costs
  • Medical and assistive device costs
  • Personal care costs
  • Therapy and maintenance costs related to the injury
  • Mental health services

Lost Wages

Loss of wages covers the earnings lost and the work time missed due to an accident. You’re entitled to compensation for any decrease in your capacity to earn, regardless of whether you can or cannot continue to earn income after the accident.

Pain and Suffering

Pain and suffering, or general damages, refer to the emotional and physical trauma a person suffers from a car accident.

Pain and suffering are personal and subjective factors. Remember that a skilled attorney can present a more convincing case for a higher compensation.

Insurance companies may use the multiplier or the per diem method to determine a settlement for pain and suffering.

The Multiplier Method

The Multiplier method uses your medical fees to calculate pain and suffering damages. In this method, the multiplier, which is a number between 1 and 5, is used to determine the severity of your injury. To calculate for pain and suffering damages, your medical expenses will be multiplied by the multiplier.

For example, if your multiplier is 3 and your medical bills amount to $30,000, your pain and suffering settlement will be $90,000.

Often, your insurer will argue for a low multiplier. At the same time, your personal injury lawyer will try to prove a rebuttal and explain why the highest possible multiplier applies to your case.

While this method has flaws and inconsistencies, it is often the most efficient.

The Per Diem Method

A different way to determine pain and suffering damages is the per diem method. This method bases your compensation on how many days have passed between the day of the accident and your release from the hospital.

A figure, which is based on several factors, will be assigned per diem. To obtain the pain and suffering amount, the per diem will be multiplied by how many days you took to recover from your injuries.

For example, if you had been confined in the hospital for 200 days after a crash, and your per diem was determined to be $300, then your pain and suffering value would be $60,000.

How Much Is Whiplash Settlement for Pain and Suffering?

The passengers’ position inside a vehicle makes neck and shoulder injuries common in many accident cases. Whiplash, where the sudden stop of a moving vehicle can cause the head to snap forward and back, can cause neck and shoulder injuries.

The settlement amount for whiplash varies depending on many factors. For example, mild to moderate whiplash injuries are often valued between $2,500 and $10,000.

For more severe whiplash injuries that require prolonged medical aid, the trial verdicts or settlement sum often exceed $30,000.

Finally, for severe neck injuries that affect the vertebrae, the settlement compensation is valued at more than $100,000.

Note that the above figures are only estimates and do not represent your settlement sum. In such cases, it’s always best to seek legal advice from a car crash attorney.

“How Do I Get the Most Money From a Car Accident?”

To be eligible for compensation, you must provide proof of your damages. This process requires thorough documentation. Your statements and conduct can also be used for or against you.

Listed below are some tips that will help you recover a significant amount of settlement:

  • Document the information of the witnesses
  • Do not discuss your fault with the insurance company or the other party
  • Do not discuss your accident on social media
  • Do not endorse documents or agree to be recorded for the insurance company without consulting your lawyer
  • Capture photos and record video footage of the scene
  • Accomplish all medical treatments and keep physical documentation of your fees
  • Contact a car crash lawyer as soon as possible after the incident
  • Do not assume the insurance company has your best interests
  • Seek treatment for any psychological repercussions

What Is the Max You Can Get From a Car Accident Settlement?

Determining a typical or maximum car accident settlement amount is difficult, considering the varying factors involved.

The maximum amount you can get is based on factors like the at-fault driver’s insurance limits, your insurance policy, and the extent of injuries and damages sustained.

According to a 2020 report by the Insurance Information Institute, the average car accident claim for bodily injuries resulting from a vehicular accident was $20,235, while the average property damage claim was $4,711.

A survey also revealed that between 2015 and 2020, the average compensation for car accidents was $23,900. Most of the respondents said that they received $10,000 or less.

Settlements: The Most Common Outcome in Personal Injury Cases

Before we explore the details of car accident settlement samples, it’s crucial to understand what a settlement means.

In most U.S. states, the person responsible for a car crash should cover the victim’s damages.

The responsible party’s insurer will make a settlement offer to the victims. This amount will be in the form of a lump sum in exchange for which the victim gives up all of their rights to further claims.

If the aggrieved party believes the offered compensation is unjust, it can result in a lawsuit.

Although lawsuits can happen after the accident, the cases are often settled outside court.

Most claims are settled since insurance companies try to avoid trial costs, and the victims prefer not to undergo the exhaustive process of a court hearing.

How Long Will It Take to Get a Car Accident Settlement?

Settlements for car accidents typically occur at a reasonably quick pace. Such is an advantage of settling a claim instead of pursuing a lawsuit.

As per a report, vehicular accident victims took about 10.7 months to receive a settlement for their case. Also, over half of these victims resolved their claims in six months.

Factors That Affect Your Car Accident Settlements

Your car accident settlement amount is affected by different factors. These factors are to be discussed in the below topics.

Insurance Coverage

In most states, the driver is responsible for securing liability insurance. The liability insurance will cover the payment to victims if the policyholder is found to be at fault for an accident.

The insurer can only pay up to its policy limits. If damages exceed the insurance amount that can be covered, the insurer will not pay the excess.

Car crash victims can claim against the responsible party for losses not covered by their insurance. However, most individuals don’t have enough assets to pay for more damages, even if the court awards them.

In such cases, the insurance company will provide a settlement offer within the policy limit.

Liability

When liability is determined in a car accident, this can translate to a higher settlement sum. The insurer representing the responsible driver will take responsibility and should give a reasonable offer to avoid a lawsuit.

However, if the fault is uncertain, the settlement may be reduced, or there might not even be a settlement at all. In cases where the responsibility is shared between the parties, the accident compensation will also be affected.

Severity of Injuries

The severity of your sustained injuries is one of the major factors when determining the amount of a car accident settlement claim.

Per a survey, the average compensation for injured crash victims was $29,700. In comparison, those who were not injured received an average of $16,700.

How to Establish Injury Severity in Your Back and Neck

Determining the average settlement for car accident back and neck injuries can be complicated since every case is unique. The injury’s severity can significantly affect the amount awarded in damages.

If you are in the U.S., your state can be a factor. State laws vary significantly. For example, states with a broad definition of pain and suffering can have higher average settlement amounts than others.

When you consider these factors, your median settlement for a neck and back injury can be anywhere between $100,000 and $500,000.

Suppose you suffer a back or neck injury from a car accident. In that case, do not try to move yourself, and do not let others move you unless doing so is necessary for your safety.

Many neck and back injuries may not immediately appear, or you may not know the injury’s cause or extent, even if you feel pain. In such cases, having a medical professional examine you is vital to determine how severe your injury is.

Medical Records

Your attorney can help you record your medical documents to support your settlement claim further. Medical records help establish the diagnosis of your injuries and will provide proof that you received treatment after the car accident.

Listed below are some examples of medical documents:

  • Emergency room records
  • Hospital stays
  • Medical imaging such as CAT (computerized axial tomography) scans, MRIs (magnetic resonance imaging), and X-rays
  • Specialist referrals
  • Medical prescription records
  • Appointments for physical therapy sessions
  • Home modifications to adhere to your medical needs
  • Leg braces, wheelchairs, and other assistive devices
  • Fuel and parking costs from hospital visits
Expert Medical Testimony

Your car crash lawyer can tap into their network of expert medical witnesses for testimonies. An expert’s testimony helps establish a link between your sustained injuries and the accident, outlining their severity to the insurance adjuster.

Medical experts can also discuss the treatment plan for your back and neck injury, including physical therapy, regular rehab sessions, and mobility assistance devices.

Journal of Your Medical Treatment

Maintaining your medical treatment journal is invaluable in demonstrating the severity of your sustained injuries. Describing your symptoms and pain levels from your injuries also helps prove the accident’s impact on your daily life.

When maintaining a medical treatment journal, you can also include details about the emotional trauma you had after the accident. Your lawyer can leverage this information to assess the value of your noneconomic losses when negotiating a settlement offer.

Property Damage

Dealing with the challenges of a lengthy recovery period that can affect you financially, physically, and emotionally is tough. On top of that, you might also find yourself unable to drive your vehicle after the accident.

In cases where your vehicle was rendered inoperable, the at-fault party’s insurance should cover repairs and parts replacement expenses up to the allowed limit.

Replacement Services and Rental Car Costs

After a car accident, insurance claims should cover the cost of repairing your car, ensuring that the expenses accrued are covered. This process involves providing evidence, such as repair receipts or estimates, to support your claim.

Also, as a rule of thumb, if the other driver caused the accident, and your car cannot be operated or is being repaired, you are entitled to compensation for the loss of use of your vehicle or a rental car.

State Laws

In no-fault states, drivers must rely on their insurance to pay for their injuries or injuries sustained by their passengers. No-fault insurance covers your loss of income and medical expenses regardless of who was at fault.

Once the initial personal coverage has been exhausted, the driver who was not at fault may seek compensation from the other driver’s insurance.

Drivers must get personal injury protection, which typically has a limit of up to $10,000 in lost wages and medical bills. For minor injuries, additional damages are often unavailable.

Contrastingly, in at-fault states, the driver at fault will always be held responsible for the losses.

When an accident occurs in at-fault states, even relatively minor crashes can lead to settlement offers from the at-fault driver’s insurer, which may provide more comprehensive protection.

Financial Loss

Financial loss affects the settlement amount of a vehicular accident. Generally, the settlement is used to make a crash victim whole for the losses caused by the accident. This includes injury-related losses and property damage losses.

Suppose a driver suffered financial losses due to medical expenses, extensive damage to their property, and absence from work. In that case, the settlement should also reflect such.

How Policy Limits Impact Settlement Calculations

In some states, drivers must carry a minimum coverage of $25,000 for bodily injuries per person per accident, $50,000 for bodily injuries per person per accident, and $10,000 for property damage liability. This is often referred to as “25/50/10”.

Smart drivers often opt for higher coverage because the value of medical costs significantly increased when these amounts were put into place.

In cases where the at-fault driver’s coverage is insufficient and serious injuries were sustained by the victim, the victim’s insurer should cover the difference.

Other Variables That Affect Your Settlement

The extent of your injuries and the duration of missed work hours are not the only aspects that influence the amount you can receive in your settlement. Other considerations may also include the following:

  • Whether you sought medical attention promptly after the accident or you waited for a few weeks or months
  • Whether your injuries are solely a result of the crash or if a pre-existing injury worsened due to the accident
  • If you received more treatment than necessary or sought care from practitioners (such as a chiropractor) that the insurance company does not value

Were You at Fault Partially?

The rules for shared fault in a vehicular accident differ from state to state. In most states, the share of compensation might be lowered based on the percentage of fault. 

For some states, you may even be barred from recovering any compensation if you were at fault for more than half of the damages.

A shared fault occurs when you are partially to blame for a vehicular accident. States have different solutions for shared fault incidents, but all require a juror to hear the case at trial.

Although it’s easy to assume that your actions did not affect the outcome of the crash, many factors still may cause partial fault to fall on your shoulders. Some of these partial liabilities are the following:

  • Driving past the speed limit
  • Failure to use your turn signals
  • Being too close to the vehicle in front
  • Faulty mirrors and lights
  • Failure to wear a seatbelt

Average Settlements Vary, But Juries Always Consider These Questions

Jury-awarded average settlements factor in both economic and noneconomic damages. Economic damages include expenses related to the car crash, such as medical care and property damage.

On the other hand, noneconomic damages are subjective, covering aspects like pain and suffering and loss of enjoyment of life.

 In certain cases, plaintiffs may also receive punitive damages, indicating that the responsible party acted recklessly, disregarding safety completely.

The following questions are what juries consider at a minimum when determining an average settlement:

  • Who was the driver at fault?
  • How much is the amount of property damage?
  • How severe are the injuries you sustained?
  • How much is your medical costs?
  • How much medical treatment is required?
  • Are there limits to the other party’s policy?
  • What types of treatments have you received?
  • How strong is your case?
  • Have you had any previous claims?

Example Car Accident Case

Let’s take a look at a quick and simple example of a car accident case: A couple experiences the same accident in which both of them sustained severe facial burns.

However, the wife, who is a local television reporter, will likely receive higher noneconomic damages for her pain and suffering since her face is vital for her job.

When estimating noneconomic damages relative to its counterpart, settlements can often range from two to ten times the amount of medical fees and lost income, considering the extent of the injuries, the accident’s circumstance, and whether or not punitive damages are pursued.

Experienced personal injury lawyers can help prompt insurance companies to negotiate significantly higher settlements with injured plaintiffs.

Remember that a strong case demonstrating the defendant’s negligence is vital for negotiating fair damages.

What You Need to Know About Multiple Injuries Car Accident Settlements

In some states, the responsibility for covering your injuries after a car accident depends on the type of insurance coverage in play. For example, Florida is a no-fault state, meaning the drivers must carry personal injury protection (PIP) insurance.

Suppose your injuries surpass your PIP limits, or you’ve opted out of PIP. In that case, you may file a claim against the at-fault party’s liability insurance for additional settlement.

Your compensation is reduced proportionally in states following the modified comparative negligence law. For instance, if you’re 20% at fault and the other party is 80%, your entitlement may be reduced by 20%. However, if your fault exceeds 50%, you won’t recover any amount.

     Examples of Settlements for Multiple Injuries After a Car Accident

Various factors come into play when determining your settlement payout amount for a car accident that involves multiple injuries.

Since every case is unique, the settlement is ultimately calculated based on the specifics of your case, the injuries each party sustained, and the extent of the damages.

To further explain how a settlement amount is calculated, let’s look at some examples that happened in real life.

Case 1: A backseat passenger suffered severe injuries in a head-on collision caused by the driver’s illegal left turn. The injuries included a broken pelvis, leg, and neck, as well as a closed head injury with a brain bleed.

Despite the initial insurance offer of $300,000 being rejected, the case went through extensive litigation. The defendant’s insurance company increased the offer to $500,000, then $750,000 at a mediation conference, both of which were also rejected.

The case eventually settled for $1.6 million closer to the trial date.

Case 2: A pedestrian using a crosswalk with activated flashing beacons was struck by a distracted driver going approximately 30 miles per hour.

The impact caused severe injuries, including a dislocated left shoulder, broken collarbone, fractured ribs, lacerations, and a concussion. After emergent care and physical therapy, the victim regained full use of his left shoulder without surgery.

Despite initial resistance, continuous negotiations led to a combined $300,000 settlement from the defendant’s insurance and the victim’s underinsured motorist insurance.

Common Injuries From an Auto Accident

Some of the most common types of injuries from vehicular accident cases are listed in the subsequent topics. These injuries may lead to pain and suffering and can significantly affect your settlement. 

Back Injuries

The most common back injuries from vehicular crashes are herniated discs, bulging discs, and spinal cord injuries. A bulging disc occurs when the impact of a crash causes swelling in the disc of the lower spine.

In the case of a herniated disc, a segment of the spine’s structure, which separates the bones and vertebrae, shifts out of alignment.

Both bulging and herniated discs can be painful and sometimes necessitate surgery for correction.

Although often minor, a spinal cord injury can sometimes cause permanent paralysis. This is possible when the abrupt impact of the crash affects some or all of the bones or vertebrae in your spinal cord.

Below are some of the common symptoms of spinal cord injuries:

  • Inability to feel pain
  • Chronic pain
  • Infections
  • Loss of muscle control and voluntary reflux
  • Feeling pain in an uninjured body part
  • Numbness
  • Muscle spasms
  • Arm or leg paralysis
  • Sexual dysfunction
  • Permanent nervous system dysfunction

Head Injury and Concussion

Traumatic brain injury (TBI) and concussion, also referred to as mild traumatic injury (mTBI), are frequent outcomes of car accidents. Moderate or severe TBI typically involves a loss of consciousness and may manifest with the following symptoms:

  • Behavioral and personality changes, notably impulsiveness
  • Permanent paralysis
  • Impaired speech or sensory skills or both
  • Cognitive deficits

While mild traumatic brain injury (mTBI) symptoms may resemble those of moderate to severe cases, they are typically less severe, and most individuals recover within weeks or months. 

However, around 10% of people who experience concussion develop post-concussion syndrome, which can last for years. Common symptoms associated with post-concussion syndrome may include the following:

  • Anxiety
  • Dizziness
  • Changes in your behavior
  • Fatigue
  • Emotional stress
  • Insomnia
  • Sensitivity to light and sound

Pinched Nerves

While some people may underestimate the significance of a pinched nerve, it can have substantial consequences in the long run. Aside from causing sharp or burning physical pain, pinched nerves can also translate to memory loss and numbness in the affected area.

Pinched nerves are also more common among car crash victims who have sustained a herniated disc. The average settlement for nerve damage depends on whether the damage is permanent or temporary and how it affects your mobility eventually.

Whiplash

Although medical and legal professionals seldom use the term “Whiplash,” it’s still an appropriate way to describe the forceful back-and-forth head and neck motion during a sudden impact.

For instance, a car crash can stretch the muscles and tendons in the neck beyond their normal range. Some of the most common symptoms associated with whiplash are the following:

  • Headache
  • Dizziness
  • Stiffness in the neck, upper back, and shoulders
  • Sleep disturbances
  • Memory loss
  • Fatigue
  • Difficulty in concentrating

Understanding Your Claim Options

Taking into consideration the circumstances of your vehicular accident and the severity of your injuries, you may have multiple options on how you want to proceed with your claim.

The topics below will further discuss your claim options if you are involved in a car accident.

Calculating Your Losses for a Fair Settlement

Losses due to a vehicular accident can include past and future medical expenses, pain and suffering damages, and loss of income. Assessing the amount of these damages is vital since it determines whether a settlement compensates you fairly for the impact of the incident on your life.

Effectively and Smartly Communicating With Insurance Companies

 Insurance companies seek to boost their profits by lowering settlement offers. While resisting an immediate check offer can be difficult, it’s often the best strategy to maximize your financial recovery.

Car accident victims commonly face expensive medical bills and unpaid time off work. Once a victim accepts a settlement offer, they cannot obtain more later. This restriction can be problematic if the injuries worsen and require further medical attention.

In such cases, seeking help from a personal injury lawyer will help protect you from the insurance company’s manipulation tactics by communicating on your behalf.

How Much Constitutes a “Fair” Car Accident Settlement?

Determining a “fair” car accident settlement depends on various factors, including the extent of injuries, financial losses, and the impact on the individual’s life.

Settle Quickly on Your Own or Hire an Attorney?

The decision between settling quickly or leveraging the help of an experienced law firm impacts the outcome of your structured settlement versus a lump sum payout.

 Although it’s still your decision, we recommend consulting with an attorney first, as insurance companies often attempt to give lowball offers early on to promptly escape from the case with minimal losses on their part.

An experienced lawyer knows what to look for in such cases, and they can help fight for maximum compensation by identifying factors that the at-fault party is responsible for. 

“How Will a Lawyer Improve My Chances at a Bigger Settlement?”

Some types of damages aren’t easy to convert into tangible money. Often, the best way to recover compensation for such is to seek the expert legal advice of an attorney.

Hiring a personal injury lawyer can also lead to an increased settlement in a vehicular accident claim. Here are some of the things that an injury lawyer can do to maximize your settlement amount:

  • Conduct investigations on the case
  • Gather and preserve evidence
  • Investigate the available insurance coverages of both parties
  • Prove the extent of your sustained injuries
  • Calculate your past and future expenses
  • Negotiate with insurance companies

PersonalInjuryLawyerSearch.org is a valuable tool when searching for an experienced lawyer specializing in injury cases. Visit the website to maximize your compensation for settlement. You can narrow your search using various filters and find a lawyer that fits your legal needs.

“How Much Do I Have to Pay My Car Accident Attorney?”

Personal injury lawyers uniquely charge for their services. The typical car accident lawyer will charge a contingency fee for an inquiry case.

A contingency fee means the firm will only receive lawyer fees if you recover money from your case. The attorney or the law firm will be compensated by a fraction of the amount you receive in a court or settlement award should the case proceed to the trial phase.

Contingency fee percentages in legal agreements vary case by case, with typical rates falling around  25%, 33%, or 40%.

The contingency fee percentage may also be adjusted if a car accident lawsuit is filed against the defendant. The rate can be reduced if the case is settled before reaching a court hearing.

Losses due to a motor vehicle accident can include past and future medical expenses, pain and suffering damages, and loss of income. Assessing the injury settlement amount of these damages is vital since it determines whether a settlement compensates you fairly for the impact of the incident on your life.

Frequently Asked Questions (FAQs)

1. Do I need an attorney to get a car accident settlement?

While you can negotiate with the insurance company, having an experienced lawyer by your side can aid in settlement negotiations or court proceedings, potentially resulting in a higher settlement sum.

Accident victims should ask lawyers for car settlement examples to understand better how the lawyer has performed for past clients. Ensuring the attorney has relevant experience with similar crash types is also crucial.

2. What is a good car accident settlement offer?

A good car crash settlement offer comprehensively covers your property damage, medical bills, and time off from work.

3. What should I do if I believe I have a neck or back injury after a car accident?

The first step is to contact your doctor and receive medical care, even if you think your car accident injury is not severe. You should also get an attorney to help with the insurance claims process.

4. How does “no-fault” insurance impact your case?

Under no-fault insurance regulations, you must initially file a claim with your insurance companies if you were involved and injured in a vehicular accident.

No-fault insurance will cover your medical fees and lost income regardless of who was at fault.

However, suppose your injuries are severe, and your auto insurance fails to cover all the expenses. In that case, you can seek settlement from the other driver’s insurance policy.

5. What is a serious injury in a Florida auto accident?

A serious auto accident in Florida, as defined by Florida Statute 627.737, is bodily injury that causes the following:

  • Permanent injuries
  • Death
  • Significant and permanent loss of an important bodily function
  • A reasonable degree of medical probability of death
  • Significant and permanent disfigurement or scarring

6. What other damages might I get compensation for besides car damage?

Besides vehicle damage, car crash victims can also pursue compensation for the following:

  • Medical bills
  • Pain and suffering damages
  • Emotional distress
  • Disability
  • Disfigurement
  • Lost wages due to missed work

Navigating complex insurance laws determines your eligibility to seek compensation for various damages. It’s always best to consult a personal injury lawyer to explore the damages applicable to your case.

References

  1. Typical Car Accident Settlement Amounts (2023)
    https://www.forbes.com/advisor/legal/auto-accident/typical-car-settlement-amounts/
  2. Property damage cases
    https://selfhelp.courts.ca.gov/civil-lawsuit/property-damage
  3. Filing an Auto Claim with the Other Party’s Insurance Company
    https://insurance.utah.gov/consumer/auto-home/auto-insurance/third-party-auto-claim
  4. Non-Injury Vehicle Collisions
    https://www.nyc.gov/site/nypd/services/vehicles-property/non-injury-vehicle-collisions.page

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