How Car Accident Settlements Are Calculated

Most Arizona car accident cases end in insurance settlements rather than a trial. Unfortunately, some people settle for less than they deserve. One key reason for this is that many victims don’t know how car accident settlements are calculated and how much their claims might be worth. This is most likely to happen when car accident victims lack experienced legal representation.

If you suffered injuries in a collision and find yourself wondering, “How are car accident settlements calculated?” contact the team at Silkman Law Firm Injury & Accident Lawyer for a free consultation. We’ll help you understand how much your claim may be worth.

Key Factors in Car Accident Settlement Calculations

Understanding the critical factors in calculating personal injury settlements can help clarify your claim’s actual value and whether you’re getting a fair deal from the insurance companies. Some important elements used to calculate a car accident settlement include:

  • The severity of your injuries – The extent of your injuries is perhaps the most significant factor in determining a car accident settlement. Severe injuries like broken bones or head trauma often result in high medical bills and potential long-term care needs, along with substantial pain and suffering. All of these losses add up and can increase your claim’s value.
  • Medical expenses – This includes your hospital bills, rehabilitation expenses, the cost of prescription medications, and any future medical treatments you need. Higher medical costs typically increase settlement amounts, especially if you need ongoing treatment. If your injuries require surgeries or extensive therapy, your compensation should reflect these high expenses.
  • Lost wages – If your injuries cause you to miss work, you may seek compensation for your lost income. The longer your recovery, the higher this part of your settlement can be. For injuries that affect your ability to work in the future or require you to take a lower-paying job, you can seek further compensation for your lower earning potential.
  • Pain and suffering – This factor accounts for your physical pain and emotional distress from a collision. Severe or long-lasting discomfort can lead to a larger settlement. Insurance companies often use a multiplier method to estimate this amount, applying a multiplier to your economic losses based on the severity of your injuries and their impact on your life.
  • Insurance coverage limits – Arizona’s insurance laws and the coverage of all involved parties influence how much you can recover. If the at-fault party has low liability limits, your compensation may be capped at that amount, regardless of your total losses. In accidents involving multiple liable parties, each party’s available insurance coverage can affect how much you ultimately receive. Understanding your own policy, such as whether your uninsured or underinsured motorist coverage might apply, can help you pursue compensation if the other driver doesn’t have enough insurance.

How Insurance Companies Approach Settlements

Insurance companies approach car accident settlements with a focus on minimizing payouts. When evaluating a claim, they carefully review all details of the crash, including medical records, accident scene evidence, and witness statements. They assess the extent of your injuries, the cost of your medical treatment, and the time needed for your recovery. The insurance adjuster may also examine any previous injuries or preexisting medical conditions you have to potentially reduce the insurance company’s payout.

Insurers use various tactics to deny your car accident claim or reduce your compensation. For example, adjusters might argue your injuries are less severe than reported or suggest that you have exaggerated your pain or medical needs. Some insurers may challenge your account of the collision, placing blame on you to reduce your payout. They may even offer a quick, low settlement in the hope that you will accept the deal without fully understanding the extent of your losses. Sometimes, an insurer will scrutinize your medical records for preexisting conditions to attribute some of your injuries to prior medical conditions rather than the crash.

Insurance companies might also delay responding to your claim, which is a tactic they use to pressure people into accepting a lower amount out of frustration. They know lengthy negotiations can be financially taxing, especially when accident victims are out of work. A skilled Phoenix car accident lawyer can help you fight against these tactics and demand the financial recovery you are owed.

Two drivers inspecting damage after a fender-bender car accident.

Steps to Maximize Your Car Accident Settlement

Taking a proactive approach in the days, weeks, and months following an Arizona car crash can strengthen your personal injury claim and increase your potential compensation. Here’s what to do to protect your rights:

Man clutches neck with whiplash after a rear-end car accident.
  • Document your injuries and treatment – Keep detailed records of every medical appointment, your treatments, and any symptoms or limitations you experience. This documentation helps demonstrate the full extent of your injuries.
  • Follow medical advice – Attend all your medical appointments, follow prescribed treatments, and avoid missing check-ups. Ignoring medical advice lets an insurance company argue that your injuries aren’t as severe as you claim.
  • Track all expenses – In addition to tracking your medical costs, keep receipts for out-of-pocket expenses, like transportation to medical appointments or home adjustments to accommodate your injury. Every expense related to the collision counts toward your potential compensation.
  • Limit discussions with insurance adjusters – Insurance companies may use your statements against you. Avoid discussing details with them directly and stick to the basic facts if you must communicate. In most circumstances, you’re best off hiring a car accident lawyer in Phoenix and letting them deal with the insurance companies.
  • Consider hiring an attorney – An experienced lawyer can negotiate with insurers, gather evidence, and help you avoid common pitfalls that could jeopardize your claim. They will ensure you don’t accept a settlement for less than you deserve and build the strongest case possible for you.

Special Considerations for Car Accident Settlements in Phoenix, AZ

Specific Arizona laws affect auto accident settlements. The first important law to be aware of is Arizona’s comparative negligence statute. Under this law, you can still recover compensation if you bear some responsibility for causing a crash. However, your settlement amount decreases based on your level of responsibility. For instance, if you are 30 percent to blame, you would lose 30 percent of your total compensation. This approach allows even partially at-fault drivers to seek compensation. But it also means insurers may try to increase your percentage of fault to reduce their payout.

Arizona has minimum liability insurance requirements that can affect your settlement as well. Per state law, Arizona drivers must carry at least $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $15,000 for property damage. If your losses exceed the at-fault driver’s policy limits, you might need to explore additional avenues, such as filing a claim through your underinsured motorist coverage, to receive fair compensation.

When to Settle vs. When to Go to Court

Deciding whether to accept a car accident settlement or risk going to court depends on several factors. A settlement can be a good choice if the insurance offer is fair and covers your medical costs, lost wages, and other losses. Settling avoids the time, stress, and expense of a lawsuit, providing quicker financial relief. Going to court may be worthwhile if the offer doesn’t fully cover your losses, though.

Other factors that influence this decision include the strength of your evidence, the severity of your injuries, and the extent of the other party’s liability. If your injuries are severe or the other party’s responsibility is clear, a trial could lead to a higher payout. However, court cases take time and come with risks, such as legal fees and the chance of a lower-than-expected verdict. An attorney can help you weigh these considerations and give you a clearer sense of whether to settle or pursue a lawsuit for fair compensation.

Deadline to Take Legal Action

Under Arizona law, you have two years from the accident date to file a lawsuit in most cases. If you miss this deadline, the courts will likely dismiss your case and you’ll lose your leverage over the insurance companies. Talk to an attorney about your situation as soon as possible to avoid jeopardizing your right to compensation.

Why Choose Our Firm?

Choosing the right attorney after a car wreck is crucial. At Silkman Law Firm Injury & Accident Lawyer, we focus exclusively on personal injury cases, which helps us provide dedicated and knowledgeable representation to anyone who needs it.

Our team is committed to providing personalized, one-on-one attention to every client and understanding the unique challenges you face. We pride ourselves on our aggressive advocacy, including managing all communication with the insurance companies and preparing your case for trial if necessary.

Our firm has earned a reputation for outstanding service and recovering significant compensation for people just like you, including $450,000 for a car accident victim. One past client says our attorney “is very nice, a good listener, professional, and knows his stuff.” We are here to help you through this challenging time, and you don’t owe us any fees unless we recover money for you.

Car accident with smoking overturned vehicle and first responders at sunset.

Contact Our Phoenix Car Accident Attorney to Learn More

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Silkman Law Firm Injury & Accident Lawyer has the experience, resources, and determination needed to see your case through to a successful conclusion. Contact our Arizona car accident law firm today for a free consultation.

Alex Silkman

Alex Silkman

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Alex Silkman is the founder and managing member of Silkman Law Firm Injury & Accident Lawyer. He focuses exclusively on personal injury and wrongful death cases, with the goal of getting truly just results for accident victims and their families...

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