Car accidents are surprisingly common. Some of them are minor, and people walk away with little to no injuries, while others are severe and can have life-altering injuries for those involved. Whether you’ve been in a car accident that was considered minor, moderate, or severe, you might be entitled to compensation. 

Your total compensation will depend on numerous factors, so understanding those factors can help you set and maintain realistic expectations as you pursue a car accident settlement. 

Compensation from car accidents

Types of Damages in Car Accident Settlements

Before diving into the average settlement amounts, you must understand the damages often pursued in car accident settlements. Not everyone is entitled to all of the following damages, but you might be. They can be divided into economic and non-economic damages: 

  • Lost Wages: Compensation for income you lost because you couldn’t work temporarily or permanently or for the pay cut you had to take for not performing your previous job duties. 
  • Medical Expenses: All medical bills related to your injuries. This can be hospital bills, doctor visits, physical therapy, medications, therapy, or any future medical treatment you might need. 
  • Property Damage: Expenses associated with repairing or replacing any property damaged in the accident, usually the vehicle, but it can be other types of property, like your phone. 
  • Emotional Distress: Compensation for any psychological trauma or impacts the car accident has had on you. 
  • Pain and Suffering: These are non-economic damages that provide financial support for emotional distress and physical pain from the car accident. 
  • Loss of Consortium: This is compensation for any adverse impacts your accident has had on your relationship with your partner or spouse. 
  • Loss of Enjoyment of Life: Compensation is awarded when the injuries prevent you from enjoying or participating in hobbies you used to love. 

Factors That Influence Settlement Amounts

No two car accident claims are precisely the same. That means your car accident settlement will differ from someone else’s. Insurance adjusters and the courts use several factors to determine a fair settlement based on your circumstances. 

Severity of Injuries

One of the most significant factors determining your settlement in a car accident lawsuit is the severity of your injuries. In most car accidents, the more severe your injuries are, the larger the payout. This is because of the increased chance of medical bills, medical treatment, pain and suffering, etc. Some examples of how injury severity impacts payouts are: 

  • Minor injuries like small cuts, bruises, and whiplash tend to have smaller settlements.
  • Moderate injuries like concussions and fractures are usually paid out higher than minor injuries. 
  • Catastrophic or severe injuries like traumatic brain injuries (TBI), permanent disabilities, or spinal cord damage usually see the highest settlement.

Insurance companies and the courts will consider every injury incurred and their impacts to determine a fair settlement. 

Medical Expenses

The extent of your injuries will impact your medical bills. This factor is a close second in terms of importance when calculating a fair car accident settlement. Some considerations they’ll account for are: 

  • Surgeries and other medical procedures 
  • Emergency room visits and hospital stays 
  • Medical equipment like crutches or wheelchairs
  • Medication and other treatment costs
  • Rehabilitation and physical therapy 
  • Future medical care related to your injuries

You must keep a thorough record of all medical costs since your accident. It will help you and your personal injury attorney calculate future medical expenses and ensure you’re fairly compensated.  

Lost Wages and Earning Capacity

Many car accidents prevent people from returning to work right away or at all. That’s why settlements can offer compensation for lost wages, such as: 

  • Wages you’ve lost because you had to take time off work to recover and for medical appointments 
  • Reduced earning capacity if your injuries don’t allow you to return to your previous job or work at the same level 
  • Loss of future earnings if you can’t work for an extended period or at all

Your lawyer will help calculate your lost wages by including factors like your age, occupation, injuries, and career trajectory.

For example, suppose you were a construction worker who couldn’t be one anymore and took a pay cut. In that case, you might be able to be compensated for the loss of your earning capacity by taking a lower-paying position. On the other hand, regardless of your position in any field, you’ll likely receive higher compensation if you can’t work anymore. 

Pain and Suffering

Many people don’t realize that you can be compensated for all the pain and suffering you’ve been through. Car accidents often lead to various types of pain and suffering, resulting in those damages being included in your settlement. 

Not everyone can request compensation for pain and suffering in the same manner. Factors that are usually included when calculating pain and suffering damages are: 

  • The emotional distress and mental health issues caused by the accident 
  • The severity and duration of any physical pain
  • The impact on your relationships and daily life 
  • The long-term or permanent effects on your overall quality of life 

Our experienced car accident attorneys can help you determine how much compensation you deserve for pain and suffering. 

Liability and Fault

Determining liability for car accidents is a serious factor that affects settlements. If you’re not liable for the accident, you have a better chance of securing a higher settlement. While most of the time, if you’re hit, the other driver is liable, some states factor in partial liability. 

If you’re found to be partially liable for the car accident where you were injured, your compensation can be drastically reduced. For example: 

  • If you’re found to be 30% at fault and the total damages are $100,000, you might only receive $70,000
  • Some states have contributory negligence laws where if you’re found even 1% at fault, you can’t seek compensation  

If you live in a state where they use partial liability to reduce claims, your lawyer will work to minimize any fault they try to assign you. 

Insurance Policy Limits

The insurance coverage limits of the at-fault driver can impact the settlement of your car accident case. Insurance companies sometimes limit the compensation others can recover in a personal injury lawsuit. This varies based on the policyholder and their insurance company, but some examples are: 

  • If your damages are $150,000 but the at-fault driver only has $75,000 in liability coverage, you should explore other options to obtain the total amount. 
  • In car crash cases with catastrophic or severe injuries that exceed the policy limits, your car accident attorney might suggest filing a lawsuit against the driver and searching for other liable parties. 

Average Car Accident Settlement Ranges

While it’s impossible to pinpoint precisely how much you’ll receive in your car accident settlement, looking at the typical car accident settlement based on the severity level of injuries can help you better understand. 

Minor Injuries

Every case is different, but the average settlement for car accidents with minor injuries ranges between $10,000 and $25,000. Some of the injuries personal injury attorneys see in minor accidents are: 

  • Minor strains and sprains
  • Small cuts and bruises
  • Mild concussions 
  • Whiplash 

Car accident settlements with minor injuries usually cover the medical expenses associated with the injuries, minimal pain and suffering damages, and possibly lost wages. Some settlements with minor injuries don’t include lost wages because these injuries might not prevent someone from going to work. 

Moderate Injuries

A car accident injury settlement for someone with moderate injuries might be between $25,000 and $100,000. This greatly depends on the specifics of the car crash, but the injuries commonly seen in these cases are: 

  • Injuries that require surgery of any form 
  • Fractures and broken bones
  • Soft tissue injuries that require extensive treatment 
  • More severe concussions

These settlements tend to be higher because of the higher medical costs associated with the injuries. Someone with minor cuts won’t need nearly as much treatment as someone who needs physical therapy after a broken bone or surgery.

Severe and Catastrophic Injuries

The typical car accident settlement for those who’ve suffered severe or catastrophic injuries is usually anywhere between $100,000 and a few million dollars. This is a vast range, but every car accident settlement is different, so your lawyer can help you determine what you might be entitled to. These cases often involve: 

  • Severe burns anywhere on the body 
  • Traumatic brain injuries 
  • Spinal cord injuries that result in partial or total paralysis 
  • Amputations 
  • Any injury that causes a permanent disability 

Every injury listed above will drastically change the car accident victim’s life. That’s why these injuries are considered catastrophic. The reason the average settlement amount is much higher for these injuries is due to: 

  • Severe pain and emotional distress 
  • Significant lost earnings and diminished earning capacity 
  • Extensive medical treatment and long-term care needs 
  • Permanent lifestyle changes
  • Decreased quality of life 

While these are some average car accident settlement amounts, it’s important to remember that these are ranges and generalizations. The exact settlement you can seek will heavily depend on the circumstances of your car accident. 

The Role of a Personal Injury Lawyer

Some people don’t think they need an attorney when dealing with a car accident claim. However, their guidance and counsel can be invaluable in securing a fair settlement. 

Maximizing Your Settlement

If you’re pursuing compensation, you want to seek the maximum amount based on your situation. Hiring a personal injury lawyer can help secure the maximum settlement by: 

  • Thoroughly investigating the car accident to gather evidence 
  • Identifying all the liable parties 
  • Accurately calculating all the damages, including future costs 
  • Negotiating with insurance companies on your behalf
  • Preparing a strong case if your claim goes to trial

Handling Complex Cases

Personal injury lawyers with experience in car accident claims can handle complex cases. The insurance company will try to lowball your settlement in any, especially complex claims. Car accident attorneys can handle cases involving: 

In these situations, an experienced lawyer can help level the playing field when dealing with experienced insurance companies and their adjusters. 

Secure Expert Legal Representation!

If you’ve been injured in a car accident, Rosenfeld Injury Lawyers is ready to help you with your claim. Our Chicago auto accident attorneys have ample experience helping victims secure fair settlements based on their specific accident and will help them rebuild their lives after being injured. 

We’ll investigate your claim, communicate with the insurance company, and protect your rights every step of the way. We offer a free, no-obligation consultation where you can share your story and learn more about your legal options. There is also a contingency fee, meaning you don’t pay unless we win. 

Are you ready to pursue a settlement for a car accident you’ve been involved in? Contact us today by filling out our contact form or calling us at (888)-424-5757.