After a car crash, many people wonder how much to expect from a car accident settlement. The truth is that every case is different. Your settlement depends on many factors, from the severity of your injuries to the other driver’s insurance coverage. Here are nine factors that can affect your total settlement value:
1. Severity of Your Injuries
The nature and extent of your injuries play a significant role in your car accident settlement. Minor injuries, such as bruises or strains, typically result in lower payouts. Serious injuries such as broken bones, traumatic brain injuries, or spinal cord damage lead to much higher settlements.
Permanent disabilities or disfigurement significantly increase settlement values. Injuries that require ongoing medical care or limit your ability to work will also raise the amount you can recover.
2. Total Medical Expenses
Your medical bills form the foundation of most settlement calculations. This includes emergency room visits, surgeries, hospital stays, medications, and physical therapy. Future medical costs matter too, especially for injuries requiring long-term treatment.
Keeping detailed records of all your treatment helps maximize your recovery.
3. Lost Wages and Reduced Future Earning Capacity
Typical car accident settlement amounts include compensation for wages lost while you recover. If you missed work due to your injuries, you can claim those lost earnings. Self-employed individuals may also recover lost business income.
More serious injuries may also affect your ability to earn money in the future. If you can no longer perform your job or have to take a lower-paying position following your accident, you may recover damages for reduced future earning capacity. Expert testimony often helps prove these long-term financial losses.
4. Pain and Suffering
Physical pain and emotional distress deserve compensation beyond your economic losses. These damages, which are a form of non-economic damages, account for how the accident has affected your quality of life. They cover ongoing pain, anxiety, depression, and loss of enjoyment of activities you once loved.
Insurance companies typically calculate these damages using a multiplier based on the severity of your injuries. More severe injuries lead to higher multipliers.
5. Degree of Fault
Under Louisiana’s modified comparative fault system, your settlement is typically reduced by your percentage of fault for the accident. If you were more than 50% responsible for the crash, you might be barred from recovering anything. Clear liability in your favor can lead to higher settlements. Disputed blame often results in longer negotiations and potentially lower offers.
6. Insurance Policy Limits
The at-fault driver’s insurance coverage sets a practical ceiling on your settlement. Louisiana requires drivers to carry minimum liability coverage of $15,000 per person and $30,000 per accident for bodily injury. Some drivers may carry only these minimum amounts.
If your damages exceed the other driver’s policy limits, collecting the full amount becomes difficult. If you have it, your own underinsured motorist coverage may help bridge the gap. Drivers with higher coverage limits or significant personal assets are more likely to receive full compensation.
7. Property Damage
The damage to your vehicle affects your overall settlement. Repair costs or the fair market value of a totaled car are recoverable. The extent of vehicle damage can also serve as evidence of the crash’s severity.
Major property damage often correlates with more serious injuries. Insurance adjusters consider this relationship when evaluating claims. Documenting all damage with photos and repair estimates strengthens your case.
8. Strength of Evidence
Strong evidence supports higher settlements. Key evidence in car accident cases includes police reports, witness statements, photos from the scene, and medical records. Surveillance footage or dashcam video can prove exactly what happened.
The more clearly you can prove the other driver’s negligence, the stronger your position. Gaps in evidence or conflicting accounts weaken your case and may reduce what the insurance company is willing to pay.
9. Quality of Legal Representation
Working with an experienced attorney often leads to higher settlements. Insurance companies know which lawyers will take cases to trial if necessary. They typically offer better settlements when facing skilled legal opposition.
An attorney can accurately value your claim, gather crucial evidence, and negotiate effectively with insurers. Studies consistently show that accident victims represented by lawyers recover more than those who negotiate on their own, even after attorney fees.
Contact Our Metairie Car Accident Lawyers at Santana & Blanchard Personal Injury Lawyers for a Free Consultation
Dealing with the aftermath of a car crash can be overwhelming. That’s why you need a trusted Metairie car accident lawyer who can help you navigate the settlement process and fight for the compensation you deserve. Call Santana & Blanchard Personal Injury Lawyers to schedule a free consultation to get started.
We proudly serve Louisiana and it’s surrounding areas, including Metairie, Gretna and Kenner.
Santana & Blanchard Personal Injury Lawyers
3500 N Hullen St Suite 17K
Metairie, LA 70002
(504) 323-6000
Our law firm is located near you. Find us with our GeoCoordinates: 30.01245719602678, -90.15811234232851