What to Expect From a Car Accident Settlement in California
It’s unfortunate to find yourself in a car accident settlement, much less a car accident in general. But this does happen often in California.
Stay educated on what to expect by reading the details here.
Introduction
Car accidents in California happen quite frequently. While we hope that you never experience one of them, sometimes an accident is inevitable, be it a simple fender or something a little more serious. But no matter what it is, if you receive an unexpected injury due to someone else’s fault, you may be entitled to a settlement.
Nothing comes fast and easy in the settlement world, though, and this often leaves people thirsty for knowledge about settlements. So let’s take a look at what to expect from a car accident settlement in California.
How Long Does it Take for a Settlement to Be Complete?
This is by far one of the most commonly asked questions when it comes to personal injury cases. Many individuals who decide to pursue a car accident case are hurting, physically, emotionally, and financially. Oftentimes left unable to work due to physical or emotional strain, the address stress of running out of money (while the bills keep piling up) is even more difficult to handle.
Situations can become desperate and dire which is why it is no surprise that settlement funds are needed sooner rather than later. Unfortunately, it won’t come overnight.
In a very general sense, many settlements may take four to six weeks. However, every case is different. Sometimes when the settlement amount is large or the injured is still recovering, the process can take longer. And, ins some cases, much longer.
An experienced lawyer should be able to give you a better estimate as to when you may expect to see your settlement.
Calculating Damages
Before you can get any sort of estimate about what your settlement should look like – or the value of your settlement, you must put together a list of all the damages and their value. This needs to be a thorough account of post-accident life, taking an inventory of all damages you have suffered.
In California, damages fall into two categories: economic and non-economic.
Economic Damages
The most simple category to calculate is economic damages because it includes an accounting of all damages with an actual dollar amount. Reviewing bills and invoices that you had to pay or that you have received in relation to the accident. Hopefully, you have kept a file of these records or you can look back over bank or credit card statements. The following are a few of the most common economic damages sought in settlements:
- Hospital visits – and any transportation to get there
- Prescription drugs
- Property damage
- Lost wages or ability to earn wages
- Vocational rehabilitation
- Lost business opportunities
- Future needs, such as therapy, household help, medical expenses, etc.
Every accident is going to have its own set of economic damages. Just know that to include it, you need to be able to say that the damage was the result of the accident and that it has a monetary value.
Non-Economic Damages
Non-economic damages are a little different. These damages don’t have an exact dollar amount on there. For instance, the mental anguish you experience after an accident can be included in these damages, but no one is going to send you a bill for your anguish, will they? Yet, for the purpose of settlement, they must be included so you can be compensated for your loss.
Here are a few common non-economic damages often sought:
- Physical pain
- Loss of bodily functions
- Loss of companionship
- Loss of pleasure or enjoyment of life and/or activities
- Loss of reputation
It is hard to place a value on each of these things, but an experienced attorney can help you determine what it is worth in the settlement world. Then, by combining the total of your economic and non-economic damages you should get a good idea of the toll of your damages.
How Much You Should Expect to Receive
Just as every accident and every injury are different, so is every settlement. They are not a one-size-fits-all deal. Two people may be involved in a similar accident and sustain similar injuries, but it may impact them differently, such as:
- The length of stay at the hospital.
- Amount of time required to recover.
- Type and amount of rehabilitative therapy
- Any permanent injury, such as scarring or disability.
- Physical, cognitive, and/or behavioral impairments.
Other things are taken into consideration, such as the emotional impact of the accident and your ability to work or not work. But even that’s not all. The cost of your medical bills, your pre-accident salary or income, expert opinions on your current and future abilities and medical needs/expenses, and the cost of current and future pain and suffering.
It should also be noted that your attorney plays a big role in your settlement. You may have dire circumstances and end up with a tiny settlement or minor injuries and end up with a bigger settlement. A lot of it comes down to the negotiation skills and drive of your attorney.
Tips and Side Notes About Car Accident Settlements
Remember that every case is going to differ from others which is why this is such a general overview of what to expect. However, there are a few tips and side notes that you should know.
- Always see a doctor as soon as you can after an accident. This helps to show the urgency of your injuries, rather than showing a lack of medical attention that could appear to minimize the injury.
- Whether right or wrong, insurance companies often look at certain things about the accident, such as where it occurred or the demographics of the people involved, and base their settlement offer on these things. This is something that your attorney should be aware of – and look out for.
- Hire an attorney as soon as possible after the accident. While the settlement process can take a long time, it can kick off rather quickly initially and if you want to make sure all is done right to get you the greatest settlement, you need an attorney by your side.
Getting in a car accident is never on anyone’s to-do list. But if you find yourself suffering from an accident, seek medical attention, document everything, and hire an experienced lawyer.
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