How Do Lawyers Calculate Settlements?

Updated: August 20, 2021

Accidents are something now very common to see, with people purchasing power increased and affordable cars available in the market the four wheeler are now very common to see especially in the cities. A car accident lawyer Orange County how to calculate your compensation due to any kind of unfortunate accident which took place.

How To Calculate Your Compensation For Your Damage

Calculating your compensation for damages you occur

There is no fixed formula for calculating compensation for your damages, and that’s why a car accident lawyer Orange County makes it easy to calculate that. For example if 2 different people one an old man and other a professional basketball player suffered an accident do you really think they can get the same compensation? The answer is no they won’t, the basketball player if suffered an injury which affects its career it’s obvious he has a long term impact on its life so he will be entitled to more serious compensation.

Thus this is just a single example how a compensation calculation works.

Factors Used in Calculating Non-Economic Damages

Pain and suffering or non-economic damages are unique to each case. A person can suffer the same exact injury but experience a greater level of pain and suffering compared to another person with the same injury.

Factors used in calculating the value of pain and suffering include but are not limited to:

  • The type of injuries
  • How severe injury are
  • Recovery time
  • Whether there is permanent disability, scarring, or disfigurement
  • Can the injury impact daily life
  • The impact on the relationships between the injured party and family members
  • The prognosis for the future

What to look when choosing a car accident lawyer

Clear Communication

A good car accident lawyer duty is to explain you in the best possible way about the case and how they will help you in getting your compensation for your car accident damages. Also a lawyer has to talk to and convince many people to explain your case and represent you in front of the court. Thus communication skills are very important for a Car Accident Lawyer Orange County to get the desired compensation for you.

Engaged Conversation

A good car accident lawyer near me should be interested in your case. A lawyer who is not much engaged or interested in your case will not be able to help you in the best way. They will not be able to see the minute details required for the case and make your case strong. Being a lawyer requires attention to details and needs to be very attentive to small information.

Willingness to provide references

Best car accident lawyer is never afraid to give references for their firm; any kind of reference from their side will only help you to gain confidence in them and helps to get you the best possible lawyer services for you.

An organized office space

The more organized their office looks, the more organized they probably are. Keep an eye on how their staff does their work and how tidy the lawyer’s desk is. If they have to shuffle through piles of paper in order to find what they’re looking for while their staff struggles to handle incoming calls, they’re probably not very organized, which doesn’t reflect well on their ability to handle your case.

Experience & trustable

Ask the lawyer about their experience. Make sure they have specific experience handling car accident cases. You will also want to be sure they have experience arguing cases in court ad have a winning track record. Also trust is very important as you have to share information with them.

The Law Offices of Daniel Kim is the best place for you to get the best possible Car Accident Lawyer Orange County for you. We are a professional law office and will get you the compensation you deserve.

The very definition of an accident is an event that happens by chance, often unexpectedly and without intent.

Clients ask us everyday, “how much is my car crash worth”, and “how much should I settle for my car accident”, etc.

Whether you already have a car accident attorney or not, you will benefit from reading this article.

It tells you everything you need to know about what to do after a car accident and helps you to understand how much you can get from an auto accident claim.

If you’ve been involved in a car or motorcycle accident, then it’s likely that you will have to deal with immediate emotional distress, a potential injury, medical bills, and the insurance company.

car accident injuries and settlement

The hassle of having to deal with an unexpected inconvenience, not to mention the disruption a car accident can have on your everyday living is immense.   

Getting a car accident attorney can help remedy stress, and in some cases, a settlement may be the best solution.  

It can be the quicker way to help with the cost of having to replace your car, cover any loss of earnings, help with the medical bills, and enable you to move on with your life once again.

The experts at The Law Office of Daniel Kim are specialists at motorcycle accidents, truck accidents, uber accidents, and pedestrian accidents, along with dealing with any other motor vehicle accidents.

daniel kim staff

Every team member is an expert on cases dealing with motor vehicle accidents. They fight to secure the best settlement amount for their client’s auto accident, if going to trial isn’t the right solution.

It can be hard to know what to expect when it comes to finding out the value of your claim. But with a lawyer like Daniel Kim on your side, you’ll be fine even if your case goes to trial.

An accident attorney can give you a better idea of what your motor accident claim could be worth.

And ideally our law office can help alleviate the stress that naturally occurs following any kind of accident.

Everything You Need to Know After An Auto Accident

This guide is from the perspective when it is determined that your case is best solved with a settlement.

We explain the factors that can have an impact on the final figure, and explain the core elements that will typically determine the overall value of your motor vehicle accident settlement.

Additionally, we will provide useful information about how fault is determined, and the duties and responsibilities you have as a driver who is involved in a car accident.

Also how to work out the total extent of any present or future damages that may be physically incurred.

In addition we will also address the typical timeline involved in working out a settlement.

This is based on our experience from working as a highly experienced auto accident attorney firm.

How Long Does a Car Accident Settlement Take?

It goes without saying that a quick and easy settlement is desired by all clients.

At The Law Offices of Daniel Kim, we know how to handle all matters relating to your claim with the insurance companies in the most effective manner, and with the best compensation results.

It’s natural that you want to move on quickly. However, just as any auto accident attorney will tell you, each case presents an entirely different set of circumstances.

And depending upon the individual complexities of the case, car crash settlements can take anywhere from a matter of months to easily over a year.

compensation for car accident

What Determines How Much Money You Get After a Car Accident?

Accidents happen. Even the most careful and considerate drivers can become involved in an accident through no fault of their own.

The primary cause of road accidents in the US that result in injuries or death is driver negligence.  

Finding a motor vehicle accident lawyer in Orange County who you can feel confident with is an essential first step in the process.  

You need an accident attorney with a reputation for securing clients the best outcomes, and just as important, who will treat you with compassion and respect.

Mr. Daniel Kim is the highest rated motor vehicle accident lawyer in Southern California holding an impressive record of verdicts and settlements to date.

Two cars involved in an accident

Who Decides the Cause of the Accident?

It is ultimately the job of the police to ascertain where the fault lies in the instance of a motor vehicle accident.

While in some cases, the cause of an accident is obvious and/or undisputed, there are often incidents whereby investigatory work might be required in order to fully establish who or what was responsible for the accident.

With any case, it is always best to make quick and decisive contact with the best legal representation.

Some of the most typical causes of auto accident cases are listed below:

·       A Distracted or Careless Driver

·       Bad Weather / Poor Visibility

·       Faulty Vehicle / Vehicle Maintenance Issue

·       Traffic Signal Failure

·       Driver Unaware of Laws

·       Driving Under the Influence

·       Medical Conditions

how much is my auto accident settlement worth

How Much Is My Car Accident Claim Worth?

While there is no exact calculation that you can get online to determine the value of your auto accident claim, our website can help.

There are a number of key factors to consider before you are able to get a rough estimate for your motorcycle, auto, or truck collision claim value.

This is why a car accident lawyer is critical in helping you with a more informed valuation of your car accident settlement.

And we can give you a precise path to get the best and most fair settlement possible.

You can arrange a quick and easy free consultation here today.

These are the things you would need to consider which your auto accident lawyer would also consult with you.

1. What does your insurance cover?

When you are involved in an automobile accident, the compensation offered to the plaintiff is done so through the policy that belongs to the at-fault driver.

As any auto accident lawyer will warn you, it is the job of that insurance company to provide you with the very lowest acceptable offer.

This is the very reason you need an experienced accident lawyer who will help you negotiate a settlement.

Daniel Kim will fight to get you maximum compensation for pain and suffering, medical expenses, loss of earnings, and anything else that is relevant.

damage to your car from accident

2. What Damage Was Caused to the Vehicle?

The value of the damage to the motor vehicle will be determined by the insurance company.

3. Did you experience pain and suffering as a result of the accident?

This element specifically addresses the injury or pain you might have endured as a direct result of the accident.

This is linked to mental and physical pain and could include intangibles such as depression or anxiety.

Consider this example:

Victim A has $5,000 in medical bills resulting from chiropractic treatment for minor back pain.

Victim B has $5,000 in medical bills from a visit to the doctor to take X-rays and put a cast on a broken arm.

In this example Victim A would receive a much smaller settlement than Victim B.

The reason for this is that soft tissue injuries like back pain are considered less serious and considered to cause less suffering compared to broken bones.

This is not necessarily true for all situations.

There are plenty of cases where back pain can be much more painful, but state law stipulates that broken bones receive higher payouts because of their “higher pain”.

4. What are the specific medical expenses involved?

These expenses can account for the medical care you have received, are receiving or may need to receive in the future.

A typical guideline to estimate the value of a settlement is that it will be at least three times the cost of your medical bills.

However, there are many complexities and other factors that need to be considered as well.

A car injury lawyer will be able to assist you with any preparations of costs and ensure that you’re getting the highest payout for a motor accident claim.

Rather than the lowest payout offered by the big insurance companies.

5. Was there a loss to the overall quality of your life?

If you have a serious injury, this can impact other areas of life and reduce the overall quality of life that a person is able to lead.

This is where a proven successful car accident lawyer can help.

6. Did you lose any earnings as a result of the motor accident?

If you were unable to work or do regular activities as a result of your injury, then you might be able to collect compensation for this factor.

You could collect money from a claim for any income that you lost.

These are six key points that will help the car accident attorney you chose to establish a realistic estimate for your car accident settlement.

At The Law Offices of Daniel Kim, we fully prepare every case meticulously as if you would go to trial.

This gives us the best position for negotiation and enables us to win the greatest amount of compensation for our clients.

‘’We are a specialist automotive accident firm, giving us the most exposure and the best success with compensation claims for our clients.’’ – Daniel Kim

As an experienced, successful auto accident lawyer, he can assist with all legal services for motorcycle accidents claims and truck accidents as well.

uber accident settlement lawyer

Also, he delivers professional legal help for pedestrian accidents and uber accidents, to name a few specialties.

Different Types of Injuries Caused in A Motor Accident

There are approximately six million car accidents in the U.S annually. Of this number, around three million suffer an injury, and two million of these injuries are permanent.

The type of injury a person sustains is greatly impacted by their special circumstances and the type of vehicle they were driving.

Car Accident Injury Settlement Amounts

A motorcycle accident attorney may deal with a different set of injuries than a truck accident attorney.

However, the legal procedures that any car injury lawyer or accident attorney will deal with remain largely the same.

The most common injuries that a car accident lawyer deals with are:

  • Injury to Chest
  • Injury to a Limb
  • Soft Tissue Injury

Another important factor that you will need to consider following a car accident is the chance of any hidden injuries.

A car accident lawyer can also help you with establishing what can and cannot be claimed for.

There are many types of such injuries that will only become apparent in the weeks and sometimes in the months following an accident.

Injuries to the Knee

When you consider the physicality of what occurs when you have a motor accident, it usually involves the driver and/or their passengers thrust forward, and in most cases, striking the dashboard with the knee.

knee injury settlement

In some cases, this will cause a direct and apparent injury, such as a shattered or dislodged knee-cap.

As a top car accident attorney, we have handled many cases which involve injuries such as these.

Another implication of this could also involve damage to the cartilage of the knee.

As the driver of a vehicle, if you are forced to slam down hard on the brakes, this can also result in similar injuries which can be painful, and in some cases, may require surgery.

These less obvious injuries can take time to develop.

Psychological Injuries

When you are involved in any type of traumatic ordeal, evaluating the physical damage is often more pressing and easier to do than considering the psychological impact of the event.

When your emotional well-being is impacted, this can result in the development of phobias that are linked to driving or being a passenger in a vehicle.

Not surprisingly, this can also impact your ability to function in normal everyday tasks, such as going to your job.

With the development of phobias, psychological medical care is essential and can’t be underestimated.

There are professionals who are accustomed to dealing with such matters, and in every case, the sooner you seek help, the faster you will heal.

It is perfectly normal to feel slightly anxious about getting back into a car, a truck, a motorcycle or even back on a bike after an accident.

But if you become afraid of doing that activity following an accident, you should consider seeking psychological help.

Injuries to the Shoulder

When you consider that your seatbelt only wraps over a single shoulder, and the motion of an accident typically lunges you forward, it puts a great imbalance to your front shoulder area.

shoulder injury

This type of injury is considered very common.

This strain to your shoulder can also cause your entire torso to twist unnaturally, and often with great force.

From shoulder strains, torn ligaments, and deep bruising, there are many ways a motor accident can cause shoulder injuries, which can only become worse over time.

Injuries to the Brain

A traumatic brain injury is one of the most serious concerns. Consider for a moment, the motion of your head in an auto accident.

Regardless of whether your head hits a dashboard or steering wheel, your brain can be direly impacted as a result.

brain injury TBI

One of the toughest challenges can be the realization that there is something wrong; in a lot of cases, a traumatic brain injury can take many months before it is detectable.

Some things to watch out for are differences to mood, temper or personality.

Or you can become forgetful, irritated or less tolerant of otherwise normal occurrences in your life.

Any evidence or symptom of a concussion, headaches or if knocked unconscious, you must be monitored closely.

If there is any signs of a traumatic brain injury become apparent then a consultation with a neurological medical professional is highly recommended.


As any car accident lawyer will agree, it is considered very common to suffer from a strain to the back or neck area following an accident.

These injuries are labeled as ‘whiplash.’ Read more about settlements for neck and back injuries.

It is still vital to seek professional advice from an auto accident lawyer who will direct you to the right medical professional.

This type of injury frequently occurs when a vehicle is struck, and a person’s body will then lunge forward.

Because the head will follow the body a nano-second after the initial lunge, this can cause soft-tissue and muscle damage, or even spine issues.

A whiplash claim by itself may result in a very high settlement. However, if the whiplash claim is also in conjunction with other resulting injuries, there is a potential for a much higher settlement.

Getting diagnosed quickly is key.

If you are considering contacting an auto accident attorney for legal advice, then be prepared to speak with a medical professional.

Herniated Disc Injuries

Some injuries caused in an auto accident transpires to be far more severe than a simple strain.

In an auto accident, the sheer force of the impact can result in the tissues that are nestled within the individual vertebrae of a spine to rupture or protrude.

This is also referred to as a Herniated Disc. The pain felt is quite severe, and it can also result in the loss of your ability to control the muscles in your limbs as well.

These injuries might not always be apparent, but they can be overwhelming over the following weeks and months.

If left untreated, they can lead to long-term issues and potentially even result in long-term disability.

Many of the injuries listed above can become quite severe if they are left untreated.

broken bones and fractures

They are also specific types of injuries that might not be immediately apparent.

Even things like broken bones and fractures can lead to a lifetime of pain if not treated properly.

When you talk with a motorcycle accident attorney from The Law Offices of Daniel Kim, you can rest assured that we have the experience to help you reach a final settlement that you can feel happy with.

What should you do if you have just had a car accident?

If you’ve had a motor vehicle accident, whether in a car, motorcycle, truck, bicycle or even as a pedestrian who has been hit by a motor vehicle, you need medical attention immediately then seek legal advice quickly.

Always Stop

stop after an accident

You have a legal obligation to stop at the scene of an accident.

If you have collided with a person, another automobile, or a stationary object, you need to stay.

If you are considering hiring a car accident lawyer to help you, then you will need to get a police report.


What many people do not realize is that regardless of fault, you should never admit liability for an accident there and then.

Almost every car insurance policy will stipulate this in their terms and conditions, so it is important that this is respected and fully adhered to.

Consider the Extent of any Injuries

It goes without saying that should anyone require any immediate medical attention that this needs to be dealt with promptly. It is always advised to seek medical support and direction.

Call the Police

Even in a minor accident, it is important to always contact the police to ensure that there is a legal record of the incident on file.

In some states, it is a legal requirement to do this, and in others, it is not.

It is always best to contact them, rather than leave it to chance.

As we have alluded earlier, and as any car accident attorney will tell you – the impact of an accident isn’t always immediately apparent, even if it seems minor at the time.

Thus, you need to always file a police report after an auto accident or collision.

If you file a police report, it is not the same as making a claim; and this is important to understand.

Do Not Move the Vehicle

It is almost always advised to leave the vehicles where they are until the police arrive.

Regardless of potential traffic issues, the police are typically the best guide after they arrive on the scene of the accident.

Contact Orange County’s Best Car Accident Lawyers Today

Other firms see auto accident personal injury law as a quick paycheck. At The Law Office of Daniel Kim, we view it as a public duty.

Learn more about choosing a personal injury attorney.


We can help to guide you throughout the entire process as you decide “how much should I settle my car accident claim for”.

You already had one unexpected ordeal to deal with, so let The Law Office of Daniel Kim help you.

Focus on your recovery and get your life back just as you were before your auto accident took place.