How Are Auto Accident Settlements Calculated in Carlsbad, CA?
Were you hurt in a car accident in Carlsbad, California? The best thing you can do is contact a local attorney with experience in auto accident settlements and calculate the accident injury compensation you should request. In California, most car accidents are settled outside of court, not necessarily because the parties choose this alternative to save time and effort, but because the law favors settlements.
Rule 3.1380 from California Rules of the Court encourages auto accident settlements by requesting the parties involved in a car accident participate in at least one settlement conference before proceeding with the court trial. Before the conference, each party has to submit a mandatory settlement statement covering:
- The settlement demand
- A list of all damages incurred
- A good faith settlement offer
- A statement describing the circumstances of the accident, the applicable laws, the liability of each party, and the damages the party issuing the statement incurred
These documents will determine the car accident compensation you receive, so it is advisable to prepare them with the help of an attorney who can explain to you how auto accident settlements are calculated, knows exactly what type of damages the claim can cover, and how to document damages in order to make sure the other party will accept them. Let’s discuss these aspects in detail below.
Types of Damages Auto Accident Settlements in Carlsbad Cover
If you got hurt in a car accident, California laws give you the right to compensation for the following injuries, damages, and losses, if applicable.
- Medical bills – Consultations fees, tests, medical procedures, treatments, rehabilitation, and any other type of medical expenses you may have to cover during your rehabilitation (at home care, physiotherapy, psychotherapy, and more).
- Disability accommodation expenses – If the accident left you disabled and you need to adjust your home to your new health condition, the party responsible for the accident should cover these expenses, as well.
- Car repairs or replacement – The compensation you receive should also include the cost of the repairs your car required or if the damage was beyond repair, its replacement.
- Lost wages – If the injuries you suffered forced you to take time away from work and, thus, lose money, you should be able to recover the money you lost from the party at fault for the accident.
- Pain and suffering – You deserve reimbursement for any physical or emotional pain the accident may have caused, from headaches to nightmares and fear of driving. In some cases, car accident victims develop post-traumatic stress, depression, or other disorders that prevent them from returning to their normal life and may even cause the victim’s spouse to file for divorce. This type of pain and suffering is subject to compensation as well, as long as the victim manages to prove it.
How Much Money Can My Carlsbad Car Accident Compensation Bring Me?
Generally, Carlsbad auto accident settlements only exceed the car insurance maximums of the driver at fault if they result in severe injuries. While the maximums may change from one driver to another, according to the financial situation, type of policy, and insurer, it may help to review the minimums California laws impose.
California Insurance Code § 11580.1 (2016) and California Vehicle Code § 16056 require drivers throughout the state to carry liability insurance of minimum:
- $15,000 death or injury per person
- $30,000 death or injury per event
- $5,000 property damage
The best way to find out how much money you can obtain and what values auto accident settlements for cases similar to yours reached is to discuss your case with an experienced car accident attorney. The sooner you do it, the more time you will have to build a strong case and ensure you receive fair compensation.
Besides letting you know what to expect, an attorney can also help you prepare for the settlement conference, justify past expenses, and anticipate future ones. With an experienced lawyer on your side, you will be able to forget about paperwork and legal procedures and focus on your recovery, knowing your interests are protected.
Reach Out to a California Car Accident Lawyer Today
Would you like to benefit from the assistance of a dedicated and experienced car accident attorney who has handled numerous auto accident settlements in Carlsbad and throughout the state of California? Then schedule a free consultation with one of our attorneys at the HURT NOW office in Carlsbad! You are one step away from receiving answers to all of your questions.