No one can estimate an average settlement for a car accident because there are many factors that affect the financial recovery of losses, including:
- Insurance coverage for each involved party
- Your state’s negligence laws
- Extent and severity of your injuries
- If the accident resulted in a fatality
- Your medical expenses and other economic losses
- Your emotional losses
- Egregiousness of liable party
We understand that a car accident has disrupted your life and caused physical and emotional pain. You have the right to talk to a car accident lawyer as soon as possible to gain a better understanding of your potential financial recovery.
Insurance Requirements in Your State
Each state has its own requirements for automobile, personal injury, and liability insurance. Your settlement may be affected by what type and amount of insurance that the other party carries.
There are also special considerations if you were involved in an accident with a commercial vehicle. Commercial vehicles such as 18-wheeler and semi trucks generally carry higher insurance amounts because they are larger, heavier vehicles that can cause greater injury.
Negligence Laws Vary for Each State
It is also difficult to estimate an average settlement for a car accident because of different negligence laws. Florida, for example, is a “no-fault” insurance state. Texas, for example, is an “at-fault” insurance state. Other states have modified negligence laws.
Extent and Severity of Your Injuries
In our experience, insurance companies consider the severity and extent of your injuries when making a settlement offer.
Settlements can be affected by:
- Whether your injuries result in a loss of bodily function
- Whether your injuries require long-term medical and/or life care
- Whether your injuries prevent you from working
- Whether your injuries impact your quality of life
Insurance companies consider if you have a long rehabilitation period and the general prognosis for you to return to your pre-accident lifestyle.
If You Lost a Loved One in the Accident
Insurance settlements for a car accident are not only for those who are injured but also for those who lost a family member from car accident injuries.
A loss of life settlement depends on several conditions, including:
- Average life expectancy for your loved one based upon age and gender
- Your loved one’s income or income potential
- Loss of companionship, consortium, guidance, protection, or support
A car accident lawyer with our firm can advise you on the potential for wrongful death and/or survivor damages.
Your Medical Expenses and Other Losses
Most car accidents involve two kinds of losses: economic and emotional. These are also called special and general damages.
Special damages are losses such as:
- Ambulance and emergency department care
- Lost pay while you are recovering from accident injuries
- Property damage to your vehicle and personal items
- Medical care and treatment both past and future
General damages are losses that are less tangible, such as:
- Mental anguish over disability or disfigurement
- Pain and suffering
- Diminished quality of life
Insurance companies and the court may calculate general damages based upon the extent of your special damages.
Why Call a Car Accident Lawyer
If you have ever dealt with an insurance company on a claim, you know that it can be an uphill battle. Insurance companies make money from premiums and lose money when they pay claims.
You are not obligated to call a car accident lawyer to help you recover damages, but it may help you make informed choices when it is time to accept a settlement.
A lawyer with D. Miller & Associates, PLLC can:
- Compile necessary documentation, evidence, and testimony to support your claim
- Secure evidence of your injuries including your expected prognosis
- File, track, and manage your claim
- Negotiate an acceptable claim on your behalf
You may focus on your health and loved ones while a car accident lawyer deals with the insurance company.
Call for a Free Case Evaluation
There is no average settlement for a car accident, but our lawyers are here to help you determine and pursue fair financial recovery. Call D. Miller & Associates, PLLC for a free case evaluation by dialing (713) 850-8600.