When you contact an Irvine car accident lawyer after a car crash, one of your first questions is probably, “What settlement size can I expect?”
Estimating your case’s worth can be complicated, especially after a serious accident that leaves long-term damage. An experienced car accident lawyer in Irvine can help you calculate eligible damages based on your case’s circumstances. The factors below will play a key role in determining your settlement amount.
Severity of Your Car Crash Injuries
Your case’s worth rises proportionally to the seriousness of your injuries. You could claim compensation for medical treatment you already had or expect to need because of your accident. This includes hospitalization, surgery, outpatient treatments, lab work, prescription medications, medical devices, and more. Your settlement may also cover long-term medical costs like rehabilitation and other estimated future treatment costs.
Apart from the direct costs of medical care, you can claim compensation for related expenses like traveling to or from treatment or fitting up your house to accommodate disabilities. Moreover, your injuries will influence your employability and pain and suffering.
Missed Wages and Future Employability
Work days you miss because of your injuries also factor into your settlement. Calculating lost wages is simple enough with short-term injuries, but what if a catastrophic car accident leaves you permanently unable to work or forces you to change careers?
In this case, an Irvine vehicle collision attorney will produce an estimate of the wages you would have earned if it weren’t for the accident. Such an estimate will consider your earnings before the accident, reasonable career prospects, age, and professional qualifications.
Non-Economic Damages
Non-economic damages (a.k.a. pain and suffering) refer to all the consequences of an accident you can’t put into dollars. These may include physical pain, emotional anguish, recurring nightmares, or missing out on activities you used to enjoy, like traveling or sports.
An automobile accident lawyer in Irvine may calculate non-economic damages using one of two methods: per diem or multiplier. The first works better for short-term injuries and allots a sum for every day you spend in recovery.
The second approach is more practical for injuries with long-term effects. It involves multiplying your total economic damages (like medical costs and lost wages) by a number from 1 to 5. The multiplier depends on the severity of your injury and can dramatically impact the size of your settlement.
Proportion of Fault
California works on the principle of pure comparative negligence in car accident settlements. This means you can claim compensation even if you carry the larger part of the fault for the accident. However, your settlement would diminish proportionally to your degree of responsibility. For example, your payout would drop by half if you’re 50% at fault.
Punitive Damages
If the at-fault driver acted especially recklessly or maliciously, and your case ends in trial, an Irvine car wreck attorney could also help you win punitive damages. A jury will award punitive damages to punish the offender and set a warning example for others. However, punitive damages only apply in cases that involve egregious negligence, like road racing or driving under the influence of alcohol or drugs.
The Cifarelli Law Firm: Legal Help for Irvine Car Accidents
Did you sustain injuries in a car wreck? Call our award-winning Irvine auto accident attorneys today. The Cifarelli Law Firm has advocated for accident victims’ rights since 1979. Our assertive legal team will leave no stone unturned to help you claim the highest possible settlement amount after your accident.
Call 949-409-6324 for a free consultation with an Irvine car accident lawyer.