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Average Car Accident Settlement in California [2024 Updated]

Average Car Accident Settlement in California [2024 Updated]
Marc Karlin

California is synonymous with traffic. From Los Angeles to San Francisco and all along the Pacific Coast Highway, accidents can occur at any time throughout the state. While some accidents are considered minor, others can leave victims with significant personal injuries and long-term medical expenses. Fortunately, victims may be entitled to recover compensation. The average car accident settlement in California can vary greatly, however, depending on the circumstances of the case.

Calculating a Settlement

There are multiple factors that go into determining a car accident settlement, including car insurance, medical expenses, the severity of injuries, lost wages from work, legal expenses, and even pain and suffering. All of these factors have a monetary value that adds to the total settlement and is used by an attorney in negotiation, mediation, or litigation. Here is how some of the factors play a role in calculating compensation.

  • Auto insurance. Some insurance companies representing the at-fault party will try to settle for as little as possible; however, you may be entitled to the total amount of coverage they provide their client.
  • Medical care expenses. Medical expenses include not only the short-term recovery care you need for your immediate injuries but also any long-term medical care you need as a result of the injuries you suffered. Medical interventions like mobility aids may also be accounted for in the settlement.
  • Expenses for legal representation. Everything from attorney fees to court costs and all the legal expenses to bring a claim against an at-fault party to recover damages may also be recouped in the settlement process.
  • Types of injuries suffered. There are three categories of injuries a person could suffer in an auto accident. These injuries are classified into three tiers. Tier 1 is the most severe and includes brain or spinal cord injuries. Tier 2 injuries often require surgical procedures but are considered mild to moderate. Tier 3 injuries are the least severe and are often injuries like sprains, contusions, or strains.
  • Lost wages. Injuries from an accident can leave you unable to go to work, causing you to lose valuable wages required to support your family. Your injuries may also alter the type of job you are able to hold, which can also change the level of income you could earn.
  • Damage to property. While usually limited to the vehicle involved in the accident, property damage can occur in a number of ways. A potential example is any personal property inside the vehicle that was damaged.
  • Pain and suffering. This is the compensation received for emotional trauma that victims may suffer as a result of the accident. This includes compensation for emotional or mental distress suffered.

Each element in the compensation calculation is unique and has specific impacts on the amount of compensation you could receive. The exact amount that each element totals is also unique to the incident and can vary depending on the circumstances. There is no set amount or cap for compensation. It is recommended that you speak to your attorney about the circumstances of your case to get an estimate of the amount of compensation you could recover.

How to Receive Compensation

The first step in receiving compensation for your auto accident is to prove fault, which your attorney will work to do. They will review the facts and details of the case, review police reports, speak with any witnesses, review video or photographic evidence, and gather other vital evidence. With this evidence, your attorney will then work to negotiate a settlement with the responsible parties.

With the evidence and your medical bills, auto repair claims, and insurance information, your attorney will negotiate with the at-fault party’s attorney in order to try and reach a settlement. If your case involves wrongful death, then the attorney will represent the family who is seeking compensation for the loss of their loved one. No amount of money will heal or bring back a loved one, but it can ease the burden suffered as a result of the injury or unexpected death.

FAQs

Q: How Much Are Most Car Accident Settlements?

A: There are no standard car accident settlements, as each incident is unique to the circumstances of the accident. Each accident results in different types of injuries, property damage, and fault. The party or parties responsible also play a role in the compensation you may be entitled to. If, for example, it involves a truck driver representing a commercial entity, that company could be sued as well.

Q: What Is the Average Payout for Whiplash in California?

A: The average payout amount for whiplash can vary depending on the severity of your injury and the amount of short and long-term medical care you will need. The severity of your injury may also keep you out of work longer. Your attorney will help you understand what you may be entitled to. These estimates could easily be thousands of dollars.

Q: How Much Is the Average Settlement for a Back Injury in California?

A: Like whiplash settlements, there is no exact amount that can be said to be the average for a back injury settlement in California. Just like the compensation amounts for other elements of an auto accident, the circumstances of the accident play a major role in determining the exact amount you could be compensated for. Many back injuries could settle into the tens of thousands of dollars.

Q: How Long Do Most Car Accident Settlements Take?

A: The settlement you could receive could take days, weeks, months, or even years to resolve. Issues like where the compensation is coming from and whether the settlement is challenged in court factor into this timeline. Insurance settlements often come in multiple stages, while settlements argued in court could take years because of the extensive litigation. Throughout the process, keep documenting the accrued expenses, lost wages, and other financial impacts incurred.

California Car Accident Attorney

With the multitude of drivers on California roads, there is a high likelihood that an accident will occur. Contacting a car accident attorney early after the accident can help get you the legal protection you need to work through negotiating the settlement. If you are involved in an accident, contact the team at Karlin & Karlin so we can put our experience and knowledge to work for you.

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