There is no average car accident settlement in California because each case is unique. Two accident victims may suffer similar injuries, but one may recuperate quickly while the recovery process proves to be long-term for the other. As soon as possible after a car accident, it is important to obtain legal advice concerning your case. A Los Angeles car accident lawyer at Salamati Law fights hard so that you may receive the maximum compensation for your injuries.
Car Accident Settlement Considerations
In California, car accident settlements depend on various factors, including:
- Injury severity
- Medical expenses
- Extent of property damage
- Lost wages
- Loss of ability to work
- Pain and suffering
Also, it’s critical to go to the emergency room or an urgent care center right after the accident. If an individual waits several days before seeking medical attention, the insurance company will minimize the extent of the injuries or allege they did not result from the car accident.
Partial Fault
Even if you were partly at fault, you might still receive compensation. However, such damages are reduced by the percentage of fault attributed to you by the jury. For instance, if the jury determined you were 20 percent at fault and the damages are $20,000, the award is reduced by $4,000. The defendant must pay only $16,000 because they were deemed 80 percent responsible for the crash.
Uninsured and Underinsured Motorists
Unfortunately, if you were involved in a collision caused by an uninsured or underinsured motorist, the settlement amount is affected. Under California law, motorists must carry a minimum of $15,000 in bodily injury liability insurance for the injury or death of one person and $30,000 in coverage for injuries or deaths of all persons in an accident. The minimum amount of property damage insurance is just $5,000.
If the at-fault driver is carrying only the required minimum coverage and the accident expenses exceed these amounts– and that is a virtual certainty when a serious accident occurs– you may file a lawsuit against the driver to recover full damages. Keep in mind that motorists carrying minimal insurance usually have little in the way of assets. Obviously, the same holds for those driving without any insurance coverage, which is against the law.
You can still receive compensation if you carry uninsured or underinsured motorist coverage on your own policy. The amount of this compensation corresponds to your policy limits.
Why You Need a Lawyer
Insurance companies want to pay out as little as possible to those making a claim. You might receive a lowball settlement offer in the hope that you will accept the money and the insurer can wrap up the claim. When you have legal representation, your attorney will negotiate with the insurer.
An attorney can prove liability for your injuries by gathering your medical records, obtaining the police report, and other evidence, such as surveillance video. A personal injury attorney knows a reasonable settlement amount. One client may break a leg in a car accident and find themselves unable to work for a while. Once the leg is healed, their life goes back to normal. However, another client may endure a traumatic brain injury leaving them permanently disabled and needing full-time care.
Contact our team of Los Angeles Car Accident Lawyers
If you were injured in a car accident due to someone else’s negligence, you need the services of the dedicated car accident attorneys at Salamati Law. Arrange a free, confidential consultation by completing our online form or calling or texting us 24/7.
After reviewing your case, we will let you know your options. If there are grounds for a personal injury lawsuit, there is no fee unless you receive compensation.