Before we begin, it is important to understand that past results should never be used as a basis for predicting future outcomes. Attorneys cannot guarantee or provide any assurances about the future outcome of a case. With that said, being familiar with the average car accident settlement in California is critical for anyone who may need to seek compensation for losses incurred while dealing with medical bills, lost wages, and the pain of recovery. This is where an experienced car accident attorney can make all the difference.
Most of the car accident cases in California are settled out of court. It usually is done through negotiations between the injured party (plaintiff) and the insurance company, defendant, or their attorney. To ensure a fair settlement, it's essential to know the true value of your claim, as this knowledge empowers you to negotiate effectively and avoid being taken advantage of.
According to a 2020 study about car accident settlements, the average vehicle accident settlement amount is approximately $23,900, but recent cases have seen payouts as high as $697,000, illustrating the variety and potential for large reimbursement in such cases.
But how is the value of a car accident settlement determined? Let's investigate this more closely.
Average Car Accident Settlement Examples in California
The average car accident settlement in California can vary widely depending on the circumstances of the case. So, there is no way of accurately estimating a settlement amount without first completing a thorough review of all facts, legal theories for liability, injury analysis and out-of-pocket losses, pain and suffering, and the like that may be associated with a specific claim.
Here are some common examples:
Whiplash: Settlement amounts for whiplash injuries vary depending on the severity of the injury and required medical treatments.
Knee or Shoulder Injury: Injuries requiring surgery or extended recovery periods can result in settlements exceeding 6 figures.
Neck and Back Injuries: For moderate to severe neck and back injuries, such as herniated discs, settlements can range from five to over seven digits, especially if long-term physical therapy is needed.
Traumatic Brain Injury (TBI): Severe cases involving TBI, or spinal cord injuries can lead to settlements exceeding seven digits, depending on medical care and life-long impact on the victim.
It's important to note that each car accident case is unique, and the final settlement amount depends on the specific circumstances surrounding the accident.
How Much to Expect After a Car Accident - Settlement Types in California
If you've been in a car accident in California, you might be wondering how much you may receive in a settlement based on the type of car accident.
Some organizations have published tables like the example below. We do not trust these sources and would caution you against accepting them without understanding how they concluded on these estimated settlement amounts. There is no way to estimate a bodily injury settlement based on the type of car accident alone.
Think about it: A bodily injury settlement is to compensate you for your bodily injury—not for the type of accident you were involved in.
Example of table published by another organization reflecting estimated settlements based on the type of accident:
Type of Accident |
Estimated Settlement |
Rear-End Accident |
Around $5,000 – $50,000 |
Hit and Run Accident |
Around $10,000 – $75,000 |
T-Bone Accident |
Around $20,000 – $100,000 |
Multi-Vehicle Accident |
Around $15,000 – $100,000 |
Sideswipe Accident |
Around $7,500 – $45,000 |
Rollover Accident |
Around $50,000 – $250,000 |
Head-On Collision |
Around $25,000 – $150,000 |
Settlement amounts may also be impacted by the availability of insurance. For example, rideshare companies like Uber had specific insurance policies for car accidents and an Uber accident settlement amount may differ because of the availability of insurance. Of course, as stated before, liability, severity of injuries, and the circumstances of the accident are still taken into account.
How Is a Car Accident Settlement Calculated in California?
Car accident settlements in California are often calculated by taking several factors into consideration, including the severity of the injuries, property damage, medical bills, and injured party's pain and suffering. The main objective of any auto accident settlement is to obtain compensation for bodily injury and property damage.
1. Medical Expenses:
Medical treatment costs is one component of a settlement amount. This includes not just ongoing medical fees, but also future expenses such as surgery, physical therapy, rehabilitation, pain management, and the like. Neck and back injuries from an auto accident, for example, can result in long-term physical therapy expenditures that must be accounted for in the settlement.
2. Lost Wages:
If the injury causes missed time from work, lost wages become an important portion of the settlement. In circumstances where the injured party is unable to return to their old job owing to the severity of the injury, the settlement may include compensation for lost earning potential.
3. Pain and Suffering:
Damages, such as mental trauma, pain and suffering, are evaluated as well. These damages are more subjective and difficult to measure. At the same time, they are essential in determining the total settlement amount, particularly in instances of severe emotional and physical trauma.
More information: How To Mentally Recover From A Car Accident | Legal and Emotional Compensation
4. Property Damage:
The cost of repairing or replacing the damaged vehicle is sometimes included in the settlement for car accidents. Property damage claims can vary significantly based on the extent of the damage and the value of the vehicle involved.
5. Legal and Other Expenses:
Legal fees, court costs, and other expenses related to filing the car accident claim are typically included in the final settlement offer. These costs ensure that the injured party does not bear any out-of-pocket expenses as a result of seeking compensation.
How Long Does It Take for a Car Accident Settlement?
There is no way to predict how long it will take for a case to settle, if at all. However, if liability is not disputed, and the value of damages are accepted by the adverse party, it can take anywhere from 6 months to more than a year. If the case is not settled and it proceeds to litigation, then the time for resolution is protracted. According to industry data, most vehicle accident settlements are completed within 6 to 11 months of the claim being submitted. This is likely for simple cases where liability is not disputed and the injuries are limited to soft tissue injuries.
More complex cases, such as those involving serious injuries, liability issues, or litigation, may take much longer—2 to 7+ years. Again, there is no real way to predict the time to settle, or if the case will get settled at all.
According to one study, 85% of car accident claims are settled out of court. However, settlements that go to litigation can extend the timeline significantly.
Data also shows that people injured in a car accident who hire a car accident attorney typically receive settlements that are at times higher than those who don't, even if the process takes longer.
Common Factors That Can Affect a Car Accident Settlement
Several factors can influence the final settlement amount in a car accident case in California. Below are some things you need to consider when calculating your potential settlement.
1. Severity of Injuries:
Severe injuries lead to increased medical bills and settlements. Cases involving ongoing disabilities or deformity usually result in bigger settlements.
2. Insurance Coverage:
The available insurance coverage from both the at-fault driver and the plaintiff/claimant-driver can limit or expand the settlement. If the at-fault driver has low coverage, it might affect the compensation you receive.
3. Liability:
California follows a comparative negligence rule, meaning if you are found partially at fault for the accident, your settlement amount may be reduced proportionally.
4. Legal Representation:
Hiring a knowledgeable car accident lawyer can help in many ways. A competent attorney can assist with gathering evidence, summarizing injuries and related treatment, establishing causation, determining the proper value for damages, filing your action, performing discovery, preparing you case for trial, and ensure you have adequate representation all along the way. So, it is easy to see how your car may be impacted without representation: evidence may be lacking, medical bills for treatment can be denied because the insurance carrier may claim they were not necessary, liability may be denied for failure to establish causation, and the like.
5 Tips to Help With Your Car Accident Settlement
To get the most out of your California car accident settlement, you must approach it intelligently. By making focused efforts and understanding the complexities of how settlements are calculated, you could significantly improve your chances of a fair settlement. Consider these suggestions:
Dealing With Police After Car Accident: You must know how to deal with police and how to file a police report for a car accident.
Seek Immediate Medical Attention: Even if injuries appear minor, seeing a doctor immediately after the accident ensures that all injuries are documented, which is crucial for your claim.
Document Everything: Record all accident-related medical bills, receipts, and other expenses. This documentation is crucial for settlement calculations.
Hire a Competent Lawyer: A competent car accident lawyer can assist you negotiate with the insurance company.
Avoid Quick Settlements: Insurance companies often try to settle claims quickly for less than they are worth. Be patient and ensure all aspects of your case, including long-term effects, are considered before accepting a settlement.
What is Included in a Car Accident Settlement?
The settlement you receive should ideally be sufficient to cover all the damages you've incurred due to the accident. Understanding what is included in a car accident settlement is essential for ensuring this. A comprehensive settlement for car accident in California typically includes the following:
- Economic Damages: These cover tangible losses such as medical expenses, lost wages, and property damage.
- Non-Economic Damages: These include compensation for pain and suffering, emotional distress, and loss of quality of life.
FAQ About Settlement for Car Accidents in California
How much is the average car accident settlement in California?
There is no real average as settlements depend on multiple factors. However, some organizations have collected data that reflects the average settlement amounts for minor to severe injuries.
What is the average settlement amount for whiplash in California?
In California, whiplash settlements depend on liability, medical bills, and non-economic damages, and will vary depending on the severity of the injuries.
In California, what is the average settlement for a back and neck injury from a car accident?
Settlements for neck and back injuries caused by a car crash can vary depending on medical bills, pain and suffering, and the severity of injuries (e.g., ruptured discs or other severe spinal injuries).
How much compensation can you get for pain and suffering in a car accident settlement in California?
Compensation for pain and suffering in California varies substantially based on the severity of the injuries and the victim's life circumstances. There is no formula to calculate pain and suffering damages in California.
Consult With our Car Accident Attorney for Your Car Accident Case
Fassonaki Law Firm, P.C. has experience of handling car accident injury cases and personal injury cases. If you are seeking compensation for an injury where you were not at fault, our car accidnet attorney, Alan Fassonaki can review your case and provide a free consultation. Call us at 323-524-8994 to schedule a car accident case consultation.