Car Accident Settlement

After a collision — whether major or minor — there will certainly be a number of concerns looming. When this happens, most people find themselves wondering what they can expect from a car accident settlement. Vehicle repairs, medical bills, and legal fees are just a few of the financial burdens that will arise.

The truth is, the average settlements for car accidents vary widely. Your payout will depend on the circumstances of your case. The best way to get clear on any estimated settlement amount is by speaking with a serious personal injury attorney who regularly deals with these kinds of cases.

Determining Damages in a Car Accident Settlement

As with any other kind of personal injury case, car accident cases tend to ultimately settle. Settlements can range from thousands of dollars to millions. Regardless, insurance adjusters will aim for the least amount possible.

So what causes the differences in amount? It all depends on damages.

Damages are the financial equivalent of how much you’ve lost in an accident. Ultimately, these values are applied to your settlement. Then, they are broken down into two categories, which are:

• Compensatory Damages – monetary compensation for loss or injury
• Punitive Damages – legal punishment on the guilty party

Damages in a car accident settlement:

• Medical bills – This means the amount paid for a long hospital stay, emergency transportation, necessary prescription medications or medical devices, and any ongoing doctor or specialist visits after the accident. These bills can and often do accumulate.
• Vehicle or other property damage – No matter how severe your accident was, you will probably have several vehicular issues to deal with, from superficial scratches to mechanical problems.
• Lost wages – You may have to take time off from work to deal with the fallout of your accident and need help recovering wages that you miss. 
• Anything non-financial – Pain and suffering, mental anguish, and loss of life enjoyment are just a few of the consequences that can come from experiencing the trauma of a car accident.

Factors, like the length of time that you were out of work or medical costs, can alter the value of the damages in your settlement. Your attorney will encourage you to keep complete records of these details to ensure you receive the reimbursement you deserve.

Evidence of Damages and Proving Fault 

With sufficient evidence to show that you were not at fault, the outcome of your case is likely to work in your favor. Therefore, keep records of everything. This includes medical bills, repair/replacement costs, rehabilitation treatment – everything.

In order to prove fault, you will need to present evidence. Your car accident lawyer will likely use the following factors to build a solid case on your behalf:

• Duty of care – Drivers are expected to take reasonable measures to not harm anyone while on the road. Examples include obeying the speed limit or not using a cell phone while driving. 
• Breach of duty – This is evident when the other party ultimately failed to follow through on those measures that were their duty. This could have been by speeding, distracted driving, or driving while intoxicated. 
• Causation – When the other party’s negligence or even inaction was the direct cause of the accident, that qualifies as causation. For example, if you were obeying the traffic laws, while the other party was speeding, and their high speed led to the collision, that would make the other driver liable. 
• Damages – Meaning, as outlined above, that you were the one who suffered harm, loss, and injuries because of the accident, and your quality of life has been affected. 

Evidence from the scene of the accident is equally important to evidence of damages. If you have access to dashboard or traffic camera images or footage, eyewitness testimony, or even police reports, you should inform your attorney so he or she can help you use it for your case.

A Car Accident Lawyer You Can Trust

You should never have to cope alone with the pain and suffering even a minor car accident can cause. Physical, financial, and emotional recovery should be your number one priority. Having a legal expert in your corner means you have the help you need to reach a satisfying settlement that will help you get your life back.

When you’re dealing with a car accident settlement, work with an attorney who won’t stop until you’ve been fairly compensated. That’s just one of the many reasons why you should work with The Law Offices of Daniel Kim. 

To find out more about how we can help you with your accident claim, contact us today.