How Much to Expect from a Car Accident Settlement in California

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Car accidents are unfortunate events that can result in significant physical injuries and extensive medical treatment.

California is one of the most populated states in the USA, where busy roads and heavy traffic are common. According to the Statewide Integrated Traffic Records System (SWITRS), the average number of fatal and injury crashes in California over the past five years has been steadily declining - from 190,649 in 2019 to 158,801 in 2023. Even with that decline, these statistics highlight the frequency of road accidents and the potential risks faced by drivers every day.

Avoiding road accidents altogether may not be possible. That is why understanding the average car accident settlement in California is important for those who might find themselves involved in an unfortunate incident.

How is Car Accident Compensation Determined?

Car accident settlements typically cover a range of damages, including medical expenses, property damage, lost wages, and pain and suffering.

The compensation range for car accident settlements in California varies widely and is influenced by several key factors. One primary determinant is the state's application of the pure comparative negligence rule.

Under this rule, the responsibility for the accident is divided between the parties involved based on their respective degrees of fault.

For example, drivers who run a red light and collide with another vehicle might be deemed 100% at fault. If the other driver was making an illegal turn at the same time, however, they could also bear some responsibility for the collision. In such cases, the fault might be apportioned, with the red light runner found 90% responsible and the driver making the illegal turn 10% responsible. Consequently, the compensation awarded would be adjusted to reflect this distribution of fault.

Settlement amounts also vary due to the specific circumstances surrounding each accident. Factors such as the severity of injuries, the extent of property damage, and the impact on the victim's ability to work all play significant roles in determining the final compensation. Current and future medical expenses are meticulously calculated, as are lost wages and any potential loss of earning capacity.

Pain and suffering, although more subjective, are also considered in the settlement. Each case is unique, and the interplay of these elements can lead to substantial differences in settlement amounts.

Why It’s Important to Talk to an Attorney Before Contacting the Insurance Company

Engaging an attorney promptly helps protect your rights, streamline the claims process, and avoid pitfalls that could jeopardize your case.

Here are the reasons you should call an attorney after a car crash:

Understand Your Options: An attorney can help you know all available legal options and strategies for your specific situation.
Wrongful Death and Personal Injury Claims: If an accident causes someone's death, their family might file wrongful death claims. Even if you are not the one filing these claims, they can still affect you, especially if you were involved in the accident or found responsible for it.
Car Damage Claims: Lawyers can assist in assessing the full extent of car damage and expedite the payment process by preventing delays from the other driver’s insurance company.
Vehicle Recalls and Defects: An attorney can advise on any potential recalls or defects that could impact your case, such as brake or airbag failures.
Accidents Involving Law Enforcement: Legal representation is vital when the accident involves police officers, as it can be challenging to pursue claims against them.
Drunk Driving Incidents: Contacting an attorney is important if you suspect the other driver was drunk. If you were driving under the influence, contacting an attorney is crucial to ensure you follow due process of law and understand your legal options.

Compensation Ranges Based on Types of Car Accidents and Injuries

Navigating the aftermath of a car accident in California involves understanding the types of injuries and accidents that can occur, as well as the potential compensation ranges for different injury types.

Rear-End Collision

n a 2022 report by the Berkley Safe Transport Research and Education Centre, rear-end crashes accounted for over one-third (35.0 percent) of all speeding-related crashes in the USA. Common injuries include whiplash, traumatic brain injuries (TBIs), and spinal disc injuries. These injuries can lead to chronic pain and may require extensive medical treatment, including surgery. To recover compensation for these injuries, proving the other driver's negligence under California Vehicle Codes 22350 and 21703 is essential. For assistance in gathering evidence and navigating your claim, contact Shiganian Law in Sherman Oaks for expert legal support.

T-Bone Collision

T-bone collisions, often occurring at intersections, can result in severe injuries due to the side impact. Common causes include distracted driving, drunk driving, and failure to yield. Injuries from T-bone accidents can be life-altering, leading to substantial medical expenses and long-term disability. Given the severe nature of these injuries, having an experienced car accident lawyer is crucial to securing the necessary and deserved compensation.

Sideswipe Collision

Sideswipe collisions involving side-on-side impact can cause serious injuries and extensive vehicle damage. These accidents often occur when drivers fail to maintain a safe distance or change lanes without checking blind spots. Determining fault in these cases can be complex and typically requires a detailed investigation. Consulting with an attorney experienced in sideswipe cases can help clarify liability and ensure you receive fair compensation.

Distracted Driving

n a recent survey conducted as part of the California Traffic Safety Survey 2023, ‘Distracted Driving due to Texting’ emerged as the second biggest safety concern for 74.2% of the surveyed drivers. Many drivers engage in risky behaviors like texting, talking on the phone, conversing with passengers, especially those seated in the rear, or adjusting navigation systems. When such inattention leads to accidents, the responsible driver is held accountable under California law. If you've been injured by a distracted driver, it's important to seek legal assistance to ensure proper compensation.

Understanding Car Accident Settlements in California Based on Type of Injury

The value of a car accident settlement in California is determined by the severity of the injuries sustained in the crash. Settlements involving injuries are typically higher than those involving only property damage. On average, injured individuals in California receive a settlement of around $30,000, but this amount can vary significantly based on the specific injuries and damages incurred.

Back and Neck Injuries

Back and neck injuries from car accidents can range from minor strains to life-changing conditions. Even minor injuries can lead to chronic pain, making it challenging to work or perform daily activities. Primary spinal cord injuries can result in substantial settlements, with the median settlement for neck and back injuries averaging around $11,000.

Joint Injuries

Car accidents can also cause injuries to joints such as shoulders, hips, knees, and ankles. These injuries often require rehabilitation and long-term therapy. Compensation depends on the severity of the injury and other factors, including the need for rehab and physical therapy.

Soft Tissue Injuries

Soft tissue injuries, which affect muscles, ligaments, and tendons throughout the body, often require extensive rehabilitation, such as physical therapy. These costs should be factored into the overall settlement value.

It's important to note that the above settlement amounts can vary based on the severity and location of the injury. For example, injuries to the head, neck, and back are typically valued higher than minor injuries to the extremities.

General Compensation Ranges

Each car accident case is unique, and the settlement amount can vary based on several factors. Consulting with an experienced car accident attorney, such as those at Shiganian Law in Sherman Oaks, can help you understand your rights and pursue fair compensation for your injuries.

Understanding the Car Accident Claim Process

Let us explore key aspects of the car accident claim process:

How Long After a Car Accident Can You Claim Injury?

After a car accident, you can typically claim injury immediately, but it's important to seek medical attention as soon as possible. Delaying medical treatment can worsen your condition and affect your ability to claim damages. In California, you generally have two years from the date of the accident to file a personal injury claim, according to the statute of limitations. However, starting the claims process as soon as possible is advisable to gather evidence and ensure a smoother process.

Is It Possible to File a Car Accident Claim Without a Police Report?

While having a police report can strengthen your claim, you can still claim a car accident without one. It's crucial to gather as much evidence as possible, such as photos of the accident scene, contact information of witnesses, and documentation of your injuries and medical treatment. Additionally, consulting with a personal injury attorney can help you navigate the claims process and increase your chances of a successful claim, even without a police report.

Can I file a Car Accident Claim if I was Driving Without Insurance?

Yes, you can file a car accident claim even if you were driving without insurance. However, without valid auto insurance, you can only recover economic damages. These include actual past medical expenses, future medical expenses and lost earnings. You cannot recover non-economic damages, such as pain, suffering, and emotional distress. To understand your options for recovery while driving without insurance, see our article on California Prop 213.

How Long Does It Take to Settle a Car Accident Claim?

The time it takes to settle a car accident claim can vary widely depending on various factors, including the complexity of the case, the extent of your injuries, and the willingness of the insurance company to negotiate. Some claims can be settled in a matter of weeks, while others may take several months or even years. Working with an experienced personal injury attorney can help expedite the process by handling negotiations and ensuring all legal requirements are met.

Essential Steps to Take After an Accident

After an accident, it's crucial to stay calm and follow a few essential steps to ensure your safety and protect your legal rights:

Panicking can impede your ability to think clearly and make sound decisions. Try to stay composed and focused on the necessary actions.
Check your condition first for any injuries. Pay special attention to your neck and back, as these could indicate more serious issues.
Check others involved for injuries and seek medical attention on priority.
Regardless of fault, stay at the scene, exchange information with the other party, and wait for the police to arrive.
Collect the driver's license and vehicle registration details, along with the names and contact information of witnesses. Photograph the scene and any damage, and if possible, get statements from witnesses to the incident.
Preserve the scene without altering it to maintain the integrity of the evidence.
If necessary, file a police report. A properly filed police report can provide crucial details for your case.

If you've been in an accident, you don't have to handle the claim process by yourself. Contact Shiganian Law in Sherman Oaks for expert legal guidance and support. Our experienced car accident lawyers will help you understand your rights, navigate the claims process, and work toward getting you the compensation you deserve.