After being hurt in a car crash, you may be able to file a claim against the negligent driver who caused your injuries. When filing a claim, it is natural to wonder how much to expect from a car accident settlement. No one can answer this for you with any certainty without fully examining your case. Still, certain factors can help you understand what to expect from a car accident settlement and how much compensation you may be entitled to. Below, our West Virginia car accident lawyer outlines the important things about car accident insurance settlements you need to know.
How Much to Expect from a Car Accident Settlement
In West Virginia, car accident insurance settlements can range anywhere between a nominal amount and a substantial recovery. Of course, car accident insurance settlements can total more or less than these amounts, depending on several factors. Before estimating what to expect from a car accident settlement, it is important to understand the types of damages available, the factors that affect car accident settlements, and what to do if the insurance company does not offer a fair settlement amount.
Damages in Car Accident Insurance Settlements
There are two types of damages involved in car accident insurance settlements. These are compensatory damages and punitive damages.
Compensatory damages, as their name implies, are intended to compensate you for the injuries and other losses you have suffered.
Compensatory damages are divided into two categories: economic and non-economic damages. Economic damages have a value that is easily quantifiable because they have an actual dollar value. Non-economic damages, on the other hand, do not have a concrete dollar value, and so, they are more difficult to calculate. The most common types of compensatory damages awarded in car accident settlements are as follows:
- Medical costs
- Lost wages
- Loss of earning capacity, if you cannot return to work right away
- Property damage
- Pain and suffering
- Mental anguish
- Emotional distress
Punitive damages are not meant to compensate you for your injuries and other damages. Instead, the purpose of punitive damages is to punish individuals who cause accidents and deter them from behaving recklessly in the future. While compensatory damages are very common in car accident insurance settlements, punitive damages are not. These damages are only awarded when a defendant acted in a particularly egregious or reckless manner, such as a fatal car crash caused by an impaired driver.
Regardless of the types of injuries you suffered, many factors will impact the settlement you ultimately receive.
Factors that Impact What to Expect from a Car Accident Settlement
Many different factors will affect what to expect from a car accident settlement. These are as follows:
- Severity of injuries: The more severe your injuries are, the more compensation you are entitled to for them. For example, paralysis caused by a car crash will result in a larger settlement than a minor case of whiplash after an accident. It is critical to obtain medical attention after any accident so that the nature and severity of your injuries are well documented.
- Pre-existing conditions: A pre-existing condition can impact how much to expect from a car accident settlement. If the crash exacerbated the pre-existing condition, you still deserve compensation for it. However, if you had previous back problems and you suffered a broken leg during the crash, you likely could not include back pain and injuries in your accident.
- Comparative negligence: If you are partly to blame for the crash, this will impact your car accident insurance settlement. Under West Virginia’s comparative fault law, you can only claim compensation if you were 50 percent or less at fault for the accident. However, any compensation you receive will be reduced by the same percentage of your fault.
- Insurance policy limits: Insurance companies are only responsible for paying compensation up to the limits of a policy. The minimum insurance drivers are required to carry includes $25,000 in bodily injury per person, $50,000 in bodily injury per accident, and $25,000 in property damage. Many motorists in the state do not purchase more than these minimum requirements. The limits of the defendant’s policy will greatly impact your car accident insurance settlement. As such, it is important to identify all liable parties so that you can obtain the full settlement you deserve.
- Legal representation: Studies have shown that car accident victims who have legal representation receive three times more in compensation than those who do not. Due to this, it is extremely important to work with a West Virginia car accident lawyer when filing your claim.
What to Do When Car Accident Insurance Settlements Are Unfair
Initial car accident settlements are rarely the full amount that car accident victims need to fully cover their injuries and other losses. A West Virginia car accident lawyer can enter into negotiations with the insurance company until a fair settlement offer is reached. Still, even during and after negotiations, the insurance company may refuse to offer a fair settlement. In these cases, you may have to go to court to obtain the full damages you deserve.
Very few car accident cases go to trial. Fewer than five percent of car accident cases end in the courtroom. Still, it is critical to work with a car accident attorney who has trial experience in case the insurance company refuses to make a fair offer.
Call Our Car Accident Lawyer in West Virginia Today
It is never easy to determine how much to expect from a car accident settlement. At Kaufman & McPherson, our West Virginia car accident lawyer can fully review the facts of your case, conduct an investigation, and accurately value your claim so you obtain the full and fair damages that are justly yours. Reach out to us to schedule a free case evaluation with our experienced attorney and to get the sound legal advice you need.
