Car Accident Damages and Settlements: What Can I Get?

A routine commute, a quick trip down the street, or a road trip vacation can all come to a sudden halt when a negligent driver causes an accident.

Car accidents can cause significant physical, emotional, and financial hardships, leaving injured victims to deal with the aftermath of someone else’s mistake. Luckily, you don’t have to face this alone—and you can take action to get justice.

Car accident victims can be entitled to compensation for various types of damages, which can often be awarded in settlements. But what damages are available to car accident victims, and what is the average settlement for car accidents?

There is no simple answer, as every case is unique, but there is one fact: hiring an attorney can help. At Morgan & Morgan, we fight For the People to get what they need and deserve to move forward with their lives after an accident caused them injuries or other damages. It costs nothing to start working with us, and we only get paid if you win. That’s right—the Fee Is Free®. 

Types of Damages in Car Accident Cases

Damages in car accident cases fall into two primary categories: economic damages and non-economic damages. In some cases, punitive damages may also be awarded.

Economic Damages

Economic damages are tangible losses that can be quantified with documentation such as bills, receipts, and pay stubs. These include:

• Medical Expenses: Costs related to emergency care, hospital stays, surgeries, medications, rehabilitation, and ongoing medical treatments.
• Property Damage: Expenses to repair or replace your vehicle and any personal property damaged in the accident.
• Lost Wages: Compensation for income lost due to time away from work while recovering from injuries.
• Future Earning Capacity: If your injuries prevent you from returning to work or limit your ability to earn at the same level as before the accident.
• Out-of-Pocket Costs: Expenses such as transportation to medical appointments, rental cars, or modifications to your home for accessibility.

Non-Economic Damages

Non-economic damages address the intangible losses resulting from the accident. These include:

• Pain and Suffering: Physical pain and emotional distress caused by your injuries.
• Loss of Enjoyment of Life: The inability to participate in hobbies, activities, or other aspects of life you once enjoyed.
• Emotional Distress: Anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
• Loss of Consortium: Impact on relationships with spouses or family members due to injuries.

Punitive Damages

Punitive damages are less common and are awarded to punish the at-fault party for particularly reckless or egregious behavior, such as driving under the influence or engaging in extreme recklessness.

Factors That Influence Settlements

Many personal injury cases are settled before ever having to go to trial. Each car accident case is unique, and several factors influence the value of a settlement. These factors include:

Severity of Injuries

The extent and nature of your injuries significantly affect the amount of compensation you may receive. More severe injuries typically result in higher medical expenses, longer recovery times, and greater impacts on your quality of life.

Liability

Determining who is at fault for the accident is a critical factor in car accident claims. In some cases, fault may be shared between multiple parties, which can impact the settlement amount.

Insurance Policy Limits

Insurance policies often have limits on how much they will pay for damages. If your damages exceed the at-fault party’s policy limits, you may need to explore other avenues for compensation, such as your own underinsured motorist coverage or filing a lawsuit.

Documentation and Evidence

Comprehensive evidence, including medical records, police reports, witness statements, and photographs, can strengthen your case and help establish the full extent of your damages.

Negotiation and Legal Representation

The negotiation process plays a significant role in determining settlement amounts. Having an experienced attorney from Morgan & Morgan on your side ensures you have someone advocating for your best interests and countering lowball offers from insurance companies.

The Role of Insurance Companies

Insurance companies are often involved in car accident claims, and their primary goal is to minimize payouts—not to help you. After all, these are business, not charities. Even though the contractual promise is to cover you after you paid for coverage, they may try to claim your accident and injuries aren’t as serious as you say.

Here’s what you should know about dealing with insurance companies:

Initial Settlement Offers

It’s not uncommon for insurance companies to offer a quick settlement shortly after the accident. These offers are often far below the actual value of your claim. Accepting an initial offer without consulting an attorney could leave you undercompensated for your damages.

Recorded Statements

Insurance adjusters may ask for a recorded statement about the accident. It’s important to be cautious in these conversations, as your words can be used against you to reduce your claim. An attorney can help you navigate these interactions.

Denial of Claims

In some cases, insurance companies may deny valid claims, citing reasons such as lack of evidence or disputes over liability. An experienced attorney at Morgan & Morgan can challenge these denials and fight for the compensation you deserve.

Common Myths About Car Accident Settlements

There are many misconceptions about car accident settlements. Let’s dispel some common myths:

Myth 1: You Don’t Need an Attorney for Minor Accidents

Technically, this is true. A lawyer is not legally required to pursue compensation. However, even in cases where damages seem minor, complications can arise. Injuries that appear insignificant initially may worsen over time, leading to higher medical expenses. Consulting an attorney ensures all potential damages are accounted for.

Myth 2: The At-Fault Driver’s Insurance Will Cover Everything

While the at-fault driver’s insurance is responsible for damages, their policy limits may not cover the full extent of your losses. Other avenues of compensation may need to be explored.

Myth 3: Settlements Are Always Quick

The timeline for reaching a settlement varies widely depending on the complexity of the case, the willingness of the insurance company to negotiate, and whether litigation is necessary.

Average Settlements: Why Numbers Are Misleading

Many people want to know the “average” settlement amount for a car accident. However, providing a specific number can be misleading because settlements depend on the unique circumstances of each case. Factors such as the severity of injuries, liability, and insurance policy limits make each settlement highly individualized.

Rather than relying on generalized figures, it’s essential to consult an attorney at Morgan & Morgan. Our attorneys can evaluate your case—for free—and provide a realistic assessment of what you may be entitled to based on the specifics of your situation.

What to Do After a Car Accident

Taking the right steps after a car accident can strengthen your claim and protect your right to compensation. Here’s what you should do:

• Ensure Safety: Move to a safe location if possible and check for injuries.
• Call 911: Report the accident and request medical assistance if needed. A police report will also be valuable for your claim.
• Gather Evidence: Take photographs of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
• Seek Medical Attention: Even if you feel fine, it’s important to get checked by a medical professional. Some injuries may not be immediately apparent.
• Notify Your Insurance Company: Report the accident to your insurer, but avoid providing a recorded statement until you’ve consulted an attorney.
• Contact Morgan & Morgan: Call an attorney to discuss your case and ensure your rights are protected.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we’ve been fighting for the people for over 35 years. Our team of experienced car accident attorneys understands the complexities of these cases and is dedicated to securing maximum compensation for our clients. 

We work on a contingency fee basis, which means you don’t pay us unless we successfully recover compensation for you. And with offices in every state across the country, we have an attorney near you with the resources and expertise to handle cases of all sizes.

If you’ve been injured in a car accident, don’t navigate the legal process alone. Contact Morgan & Morgan today for a free, no-obligation case evaluation. Our attorneys will evaluate your case, answer your questions, and help you pursue the compensation you deserve. Remember, time is of the essence in car accident cases, so don’t delay—reach out to us today.