If you’ve been in a car accident, one of your biggest questions is probably, “How much is my case worth?” The truth is, there’s no simple answer. Every accident is different.
The amount you can expect to get in a car accident settlement depends on the unique circumstances and several key factors. Here are the nine most important factors that influence what you can recover.
1. Injury Severity
The more serious your injuries, the higher your settlement is likely to be.
A broken bone usually results in a bigger payout than a sprain. Long-term injuries like serious brain injuries or spinal cord injuries can lead to even larger settlements.
You are entitled to money for not only the current damages you have suffered but also the long-term impact of your injuries. Because serious injuries can permanently affect your life and ability to work, settlements tend to be higher.
2. Your Medical Expenses
Medical bills play a big role in settlement amounts. This includes ER visits, hospital stays, physical therapy, medications, and follow-up care. These expenses make up a large share of the economic damages you can recover.
Keep all receipts and records, particularly for out-of-pocket costs like transportation to doctor’s visits and prescriptions. Insurance companies look at these numbers closely. The higher your medical costs, the more your case may be worth.
3. Missed Work and Future Wages
If you couldn’t work after your accident, you can seek compensation for your lost income. This includes any time missed while recovering and time off for medical appointments. If your injuries affect your ability to work in the future, you can also pursue money for your diminished earning potential.
Calculating these future losses can be challenging. Factors like your age, missed pension contributions, advancement opportunities, and ability to perform another job are considered.
4. Property Damage and Out-of-Pocket Costs
Property damage is one of the most common types of economic damages you can recover after a car accident. You are entitled to the cost to repair your vehicle or its fair market value if it’s totaled. If you have a newer vehicle or a vintage car, you can also recover the diminished value. This is the difference between what your vehicle was worth before the accident and its reduced market value, despite repairs, because it was involved in a crash.
You can also claim many types of out-of-pocket costs related to your crash, such as childcare and housekeeping while you recover, or transportation to and from medical appointments.
5. Pain, Suffering, and Impact on Your Life
Not all damages are physical or easy to measure. You are entitled to compensation for the non-economic losses you suffered. Also known as pain and suffering damages, these damages refer to the personal losses with no financial value.
Pain and suffering covers the initial pain and anguish of your injury, and how the injury affects your day-to-day life. This can include chronic pain, emotional stress, anxiety, insomnia, fear, and loss of enjoyment of life.
While it’s hard to put a number on these losses, they are often a big part of the final settlement in cases involving serious injury.
6. Who Was at Fault
Your car insurance policy may cover certain losses regardless of fault. Beyond that, you will need to prove the other party’s negligence. If the other driver was completely at fault, you can usually recover full compensation. But if you were partly to blame, the amount you get may be reduced.
In Utah, for example, a modified comparative negligence rule is applied when fault is shared. You can only collect damages if your share of blame is less than 50%. The other party’s insurance company may only pay the share of your damages that their policyholder caused.
If your own negligence was 50% or more to blame for the crash, you may not be entitled to any damages at all.
7. The Insurance Coverage Available
Your own PIP coverage pays for the first $3,000 in medical costs. You can only pursue additional damages from the at-fault party, including non-economic losses, if your medical expenses exceed this limit.
An insurance company will not pay more than the policy’s coverage limits. If the other driver only has minimum coverage, there may not be much money to recover. If they have better coverage, or if multiple parties are involved, you may be able to recover more.
Uninsured or underinsured motorist coverage on your own policy can also come into play. This coverage can pay for your damages beyond the at-fault party’s policy limits.
8. Your Evidence
Your claim is only as strong as your evidence. Photos, police reports, witness statements, and medical records all help back up your side of the story. The more solid your evidence, the better your chances of a higher settlement and full compensation.
9. Your Legal Representation
Insurance companies don’t want to pay more than they have to. A good lawyer knows how to build a strong case, push back against low offers, and take the case to court if needed. An experienced personal injury lawyer can make a big difference in recovering a fair settlement.
Final Thoughts on Car Accident Settlements
While no two car accident cases are alike, understanding the key factors that influence settlement value can help set realistic expectations. From the severity of your injuries to the quality of your legal representation, each detail plays a crucial role in determining what you may recover. If you’ve been hurt in a crash, don’t leave your future to chance—consult with an experienced personal injury attorney who can fight for the compensation you deserve.
Contact the Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced car accident lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming, and their surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
