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How Much Can I Get in a Car Accident Settlement?
Car accidents are incredibly common. In the state of Arizona alone, in just 2022, there were 119,991 vehicle accidents reported. Almost 36,000 of these resulted in injuries. For those who are victims of car accidents caused by someone else’s negligence, it can be incredibly difficult to have your life — including your finances — upended. While receiving a settlement after a car accident doesn’t magically make you whole again, it can help alleviate some of the financial burden and give you the space to heal and recover.
Soft Tissue Injuries
Soft tissue injuries are common in car accidents, and while they are generally not as serious as injuries that affect the organs or a traumatic brain injury, they can still cause significant pain and suffering and expensive medical bills.
Soft tissue injuries are those that affect the muscles, ligaments, tendons, and skin/fat layer. They get their name because they affect the soft tissues of the body, as opposed to the bones, organs, or nervous system. Some examples of soft tissue injuries that can occur as a result of a car accident include:
- Bruises
- Lacerations
- Sprains
- Abrasions
- Bursitis
- Punctures
These can be caused by the direct force of the impact or from debris from the accident. For example, if the force of the impact causes a joint to twist, it could result in a sprain. A direct impact to the knee, such as from the steering wheel, could cause bursitis. Broken glass or metal or plastic pieces can cause punctures and lacerations, and the impact of the airbag or the seat belt can cause bruising.
Filing a Personal Injury Lawsuit
Filing a personal injury suit against the at-fault driver is one way to get compensation for your medical expenses, and in some cases, you may also be able to get additional money for pain and suffering. In the state of Arizona, you have 2 years to file a personal injury lawsuit against the other party if you want to pursue compensation. This is one reason it’s important to talk to an attorney as soon as you are medically able. An attorney can explain how long you have to file and provide counsel on when is the right time to do so.
While many people think it’s better to file a lawsuit as soon as possible, doing so prematurely could mean a lower settlement. For example, if your injuries appear to be mostly soft tissue injuries, but a few months later your medical team says that your lingering back pain is a result of trauma from the accident, you would not be able to file for more money if you had already accepted a settlement. Waiting to file the lawsuit for a year could give you the time you need to ensure you have a full understanding of your injuries and their long-term impact on your finances and quality of life.
Estimating the Amount of a Settlement
It’s very difficult to give an average when it comes to the amount of a settlement from a car accident because each one is different. How much you can get in a car accident settlement depends on many factors, including who was at fault, the percentage of fault, the circumstances surrounding the accident, the extent of your injuries, the medical expenses you incurred, and even the quality of your council.
However, it’s common for car accident victims with soft tissue injuries to receive settlements in the thousands of dollars. This can be much more if there were additional injuries, such as traumatic brain injuries or spinal injuries. The more impact your injuries had on your quality of life and ability to work, the higher your potential settlement.
When you speak with your attorney, they will discuss with you how much you can sue for. It’s a good idea to bring any documentation you have that shows how much you’ve spent on medical bills, any lost wages from time off of work, and any other expenses. Your attorney will also talk with you about the possibility of asking for additional money for pain and suffering.
Settling vs. Going to Trial
How much your settlement may be can also depend on whether you settle out of court or pursue your case through a trial. In many cases, a settlement may be less than what you could possibly get if you win at trial, but settling the case out of court also ensures that you do get some money. If you take your case to trial and don’t win, you could end up with nothing.
However, it’s important to have experienced legal counsel on your side if you are considering a settlement. Insurance companies often submit low-ball offers very soon after the accident in the hopes they can convince you to settle quickly for much less than you may be entitled to. An attorney should look over any settlement offer you’re presented with and be able to negotiate with the insurance companies on your behalf. If a settlement can’t be reached, your attorney can help you understand the next steps and what to expect as you head to trial.
Working With a Personal Injury Attorney
At Desert Star Law Group, our attorneys have extensive experience helping car accident victims with soft tissue injuries get the compensation they deserve. We will walk you through each step of the process, from determining whether you have a case to negotiating your settlement. If you’re not sure if you are able to file a lawsuit against the other driver or want to talk to an attorney about your legal options after a car accident, call our office at 602-584-8957.
