There's no set amount that a claimant can pursue in an accident claim. Victims of car accidents have the right to sue the people or parties at fault for the entire value of their statutory losses. This can cost anywhere between several thousand dollars to more than a million dollars. Major determinants in assessing the valuation of a claim can include the seriousness of the injury, the degree of the other party's wrongdoing, as well as the value of the insurance policy. These variables can have a significant impact on the claim’s verdict or settlement. 

Suing the Liable Party in a Car Accident

When you've been involved in a car accident, at that moment the last thing on your mind is that you'll have to take legal action against the other motorist for compensation. However, with an emergency room visit costing well over a thousand dollars, financing your medical bills by yourself could be difficult.

The more serious the injury, the more costly the process of recovery will be, and insurance providers are not always keen to pay you what you deserve. If you're in this predicament and don't know what steps to take, understand that you have the right to sue anyone individually for the car accident if they were at fault.

It takes a lot of guts to decide to sue somebody else. Filing a lawsuit could be time-consuming, and getting either side to cooperate can be challenging at best. This is why it's usually a good idea to first assess what kind of compensation the insurance providers are willing to offer. Ultimately, whether or not to take legal action against the other motorist is a personal choice. If you are prepared to put in extra work, you can get a bigger compensation. All you have to know is when it's in your best interests to take the case to court. It is in your best interests to sue when:

  • The settlement offered by the insurance company is too low

It is in the best interests of the insurance company to pay you the lowest possible amount. Keep in mind, it's they, not the offending motorist, who pays you. Because the payout is coming from their pockets, they will most likely be hesitant to grant you the cash settlement you are entitled to. Consider the amount they are willing to offer you. Bringing a lawsuit against the other motorist will be in your best interests if it appears to be unreasonably low and not in conformity with what you require to recover completely.

  • Your expenses are too high

The sum of compensation you estimate you'll need can vary based on the nature of the car accident. If the healthcare expenses continue to rise and your estimated insurance compensation isn't sufficient to pay for them, you should sue the other motorist. Assess your expenses carefully and match them to the proposed settlement provided by the other motorist's insurance company. If that isn't sufficient, and no degree of negotiating the settlement has swayed them, don't be reluctant to take them to court.

  • You’re not responsible

The ability to demonstrate that you were not liable for the car accident is the foundation of any successful car accident claim. That's what gives you the legal right to sue somebody for the losses you've suffered. A skilled car accident lawyer can assist you in proving your innocence, and the more evidence you can present, the better. It will be difficult to defend your claim if there is even a remote possibility that you are at fault.

What is the Average Settlement For a California Car Accident?

Any motorist who is involved in a vehicle accident is most likely to be interested in the average settlement for a car accident. Car accidents can result in serious bodily injuries, psychological distress, and considerable financial losses, regardless of who is at fault.

If you are a resident of California, where the most recent traffic fatality data reveal approximately 3,000 deaths per year happen on California roads, you may be worried about what becomes of the car accident victims as well as their families. What's the typical car accident payout, and how is it calculated?

Regrettably, there's no universal calculator for determining the typical vehicle accident compensation in California. However, what we know is the average car liability settlement for property damage is $3,638, whereas the average physical injury settlement is $15,270, as per the Insurance Information Institute's 2019 Insurance Fact Book.

Even though these average values are not reflective of every automobile accident claim, they provide a general idea of the amount a claimant should anticipate getting in compensation. And, if you are unluckily involved in an automobile accident, knowing these facts will be beneficial.

Factors That Go Into Determining the Amount of a Car Accident Settlement

The primary objective of your car accident personal injury attorney will be to put together a settlement plan that reasonably takes into account the extent of the losses and damages you have sustained as a result of the vehicle accident.

Generally, the payout you seek in compensation reflects the level of seriousness of your injuries, the accident-related expenses, as well as the injury's impact on your standard of living. 

Economic Losses

These are the actual costs incurred as a result of the car accident, such as:

  • Medical treatment and services
  • Diagnostic procedures
  • Hospitalization
  • Surgical procedures
  • Follow-up care
  • Prescription drugs
  • Rehabilitation

Associated costs resulting from the injuries include the purchasing of any assistive devices, for example, crutches or a wheelchair, as well as the hiring of a physiotherapist or a nurse to help in your recovery.

Economic damages also include any costs associated with the maintenance or repair of your damaged car, lost wages or salaries (when you are not able to show up for work), or in the event of permanent impairment as a result of the car accident, losing the capacity to earn in the future. 

Other costs that could develop as a result of the car accident include home upgrades or additions needed to assist in maneuverability or to suit your injuries.

Non-Monetary Losses

This category of damages includes all of the unfavorable effects of the damages on your overall well-being. The following are examples of non-economic damages:

  • Physical and mental distress
  • Lost happiness and standard of living 
  • New challenges that have come up in your life as a result of their vehicle accident 
  • The damaged close and personal relationships as a result of the accident

Non-monetary damages are so much harder to quantify in a vehicle accident settlement. For this reason, other factors are frequently taken into account when calculating non-economic losses, such as:

  • The age of the victim at the moment of the car accident
  • The seriousness or scope of the damages
  • If the injuries are permanently incapacitating
  • If the victim's injuries hinder them from executing daily duties and personal responsibilities for themselves
  • The length of the victim's injury treatments as well as the physical suffering he or she must undergo as a result of the needed therapy
  • What the extent of the victim's physical or psychological suffering as a result of the injuries is
  • The type and extensiveness of the victim's physical impairment as a result of the car accident

In practice, the more serious the injuries and the longer their implications remain, the more the settlement sum your attorney can seek on your behalf.

However, injuries could also be much harder to quantify, especially when the implications of the injuries vary from individual to individual.

A car accident can adversely affect a young ballerina or a grandmother who looks after her grandchildren so her children can work, for instance, when they lose a limb. The attorneys in these scenarios will need to come up with completely different settlement demands because the lifestyles of these two individuals are completely different.

California Shared Liability

The worth of your compensation will be determined in part by identifying who caused the accident. You could pursue legal action even when you were partially to blame for the accident, but the claim will be deducted. 

For instance, if the personal injury lawsuit is valued at $100,000 and you had no role in contributing to the car accident, but it's ruled that you bear 20% of the responsibility, you will receive $80,000, or 80 percent of the case's value.

It's critical to hire an experienced car accident lawyer with a solid reputation in comparable scenarios. Your attorney will be able to delve deeper or even go below the surface to identify all people involved in the accident who bear legal culpability.

Methods Used in Calculating Claim Estimates

Several procedures are used by insurance companies to determine the worth of a personal injury lawsuit. The majority of these approaches use different versions of the multiplier technique. Some insurers utilize the damage model as well as the per diem approach in addition to the multiplier method. The next sections go over each of the three methods.

The Multiplier method

Among the most popular methods used by insurance providers and attorneys to calculate suffering and pain damages is the multiplier technique. To calculate the actual cost of an automobile accident to the aggrieved party, simply add together all real damages (also known as "special damages") then multiply that total by a figure ranging from 1 to five.

The multiplier technique is based on the notion that injuries that result in more measurable damages (e.g. hospital costs) are more likely to occur as a result of more severe car accidents, necessitating the use of a multiplier to determine the exact value of the accident.

For instance, suppose your medical expenditures equal $4,000 and you have lost $2,000 in salary as a result of the damages, the overall value of true damages is $6,000. This sum will be multiplied by a value between 1.5 to 5 in the multiplier technique. In this case, the common multiplier is 3, thus the estimate would be $6,000 x 3. This will then equate to $18,000, which is the actual amount of damage.

The multiplier employed is determined by the severity of the injuries, the length of time it takes to heal, as well as any aggravating conditions. The multiplier for most severe accidents could be 3 to 4, but in incidents involving aggravating conditions (for example, a drunk at-fault motorist), the multiplier could be more than 5. However, if you, as an injured plaintiff, are found to have been irresponsible or negligent in the moments leading up to the car accident, your attorney will be required to apply a lesser multiplier as well.

It is important to keep in mind that insurance firms do not utilize whole values as multipliers. Rather than providing a multiplier, they utilize sophisticated computer algorithms.

This approach has been criticized due to its utilization of arbitrary, inaccurate multipliers that vary depending on the person performing the calculations. Focusing solely on the expense of medical expenses, may not accurately reflect the real-world implications of the injuries.

The writer, on the other hand, could be capable of "writing" using available software or by trying to dictate their writing to someone else, whereas the photographer could further face greater psychological frustration as a result of their incapacity to take photos and earn a living.

The Damage Formula

The damage formula is used by insurance providers to calculate suffering and pain. The special damage or losses, or the total of all health care expenses paid by the sufferer as a consequence of the car accident, are primarily what the at-fault party's insurance provider concentrates on here.

If the damages are mild, the insurance agent will typically multiply that special damages figure by 1.5 to three to account for non-monetary damages as well as permanent incapacitation, which are included collectively as overall damages.

In cases when the plaintiff's injuries are much more serious and distressing, the special damages sum, along with lost wages, is doubled by 5 or even more. The result of this calculation is frequently used as the reference point for many settlement proceedings.

The Per Diem Method

Another technique of calculating suffering and pain damages for vehicle accident plaintiffs is the per diem/daily rate technique. Both insurance providers and attorneys use this strategy to put forward a cash amount you require to get weekly or daily while hurting or coping with the agony from your accident-related injuries.

The issue with this strategy is that you (or even your attorney) will have to substantiate the daily rates you choose. Using your exact daily income before the accident as a baseline for the calculations is one technique to guarantee that your daily rates are justified and appropriate.

Every vehicle accident is unique, both in terms of the at-fault parties as well as the victims. As a result, the aforementioned approaches might not provide an appropriate settlement amount on their own. Certain elements and individual details can influence the multipliers employed or perhaps the daily rates you settle on in each case.

These techniques, on the other hand, provide both parties with an approximate estimate for the amount of compensation, which they can employ as a starting point for future negotiations.

Once your attorney has established the persons who could be legally accountable and estimated the number of damages you require to pursue, your attorney will formally seek compensation. This could be a demand letter, a legal action initiated in court, or a combination of the two.

The action of your attorney opens the doorway to discussions with the judicial and insurance agents of the opposing side. They might or might not agree that their client is legally responsible. And even when they agree, the amount of compensation their client should pay is still up for negotiation.

The other party's lawyer or insurance agent's goal is to minimize their client's monetary exposure, whereas your attorney needs you to be reimbursed to the highest extent possible.

Negotiations could be conducted independently or through the assistance of a mediator for both sides to reach an agreement. You can rest assured that you will receive an appropriate and reasonable compensation sum, as well as the discharge of the at-fault side from any more culpability in the car accident.

It is entirely up to you to approve or decline a settlement proposal. Your attorney, on the other hand, should counsel you on the prospects of a proposed settlement. They can voice their thoughts on whether accepting the deal is a good idea.

Find a Car Accident Attorney Near Me

The best way to find out how much you can sue for a car accident is to speak with a skilled car accident lawyer. Car accident claims can be frustrating and difficult to deal with. However, with the knowledge and legal expertise of an attorney on your side, you will have a better chance of securing a fair and reasonable settlement for your car accident case. If you want help seeking compensation for a car accident in Los Angeles, get in touch with the Los Angeles Car Accident Attorney today at 424-237-3600.