What is the Average Settlement for a Car Accident With Injuries?
Legally Reviewed and Edited by: Terry Cochran
If you have been injured in a car accident, you’ll want to be fully compensated for your losses, but it’s not always clear what that settlement amount could be. The awards for economic and non-economic losses in car accident settlements vary drastically between cases.
It’s difficult to provide an average car accident settlement amount. Hiring an attorney is the best way to get an accurate estimate of what your case is worth.
Experienced personal injury lawyers at Cochran, Kroll & Associates, P.C. can evaluate your case at a free consultation, and advise you on how to proceed with your claim.
What Effect Will Michigan’s No-Fault Insurance Laws Have On My Claim?
Michigan is a no-fault state. This means drivers have given up their right to sue at-fault drivers under its auto insurance laws. To compensate those injured in motor vehicle accidents, the state’s laws provide a series of compensation benefits decided upon and regulated by the state.
The injured party must file a claim with their own insurance company. Then, they are reimbursed for their medical bills and lost wages. This level of benefits is adequate if the injuries are relatively minor.
However, if the injuries are more severe, the medical expenses may exceed the insurance cover leaving you out of pocket. Lost wages may also become an issue if they exceed the amount fixed by the state or your earning capacity is reduced through the injury.
Will the At-Fault Driver’s Policy Limits Affect My Claim?
Michigan’s auto insurance laws require motorists to have minimum liability insurance of $250,000/$500,000. However, they are given the option to buy the lower limits of $50,000 and $100,000.
If the accident victim’s claim exceeds the at-fault driver’s liability coverage, their insurance company cannot cover all their expenses. This forces the injured party to file a lawsuit to recover the damages. In this case, the at-fault driver will be responsible for compensating the accident victim via a settlement amount.
If the defendant does not have the assets to cover the award or declares bankruptcy, the accident victim may lose out on the compensation they have been awarded. They will be unable to recover the sum contained in the over-limit verdict.
When Can I Sue the At-Fault Driver for a Personal Injury Settlement?
Under Michigan law, the at-fault driver may be liable for non-economic losses if their actions caused the wrongful death, serious impairment of body function, or permanent serious disfigurement. These non-economic losses can include pain and suffering or loss of quality of life.
The level of compensation awarded is calculated on a case-by-case basis, considering the severity of the injury and the impact on the victim’s life.
Is it Possible to Sue for Economic Damages in Michigan?
The accident victim may also claim economic losses in some instances. These are monetary losses Michigan’s no-fault PIP benefits don’t cover. Typically these losses include lost wages that exceed your benefits and medical expenses exceeding your no-fault PIP coverage.
These losses are not subject to the same threshold test as non-economic losses. This means you may pursue the at-fault driver for these losses even if you cannot pursue a claim for non-economic losses.
How is Settlement Amount Calculated?
Although many people want to search for the average settlement amount in a car or truck accident case, lawyers and insurance adjusters don’t base your settlement offer on averages. Each accident case is unique, and circumstantial factors must be considered to determine a fair settlement for your injuries.
Certain monetary values can be easily quantified, like medical treatment, property damages, or lost wages. These losses have financial value that is easy to calculate and can be directly translated into a settlement offer. However, it’s not possible to calculate an exact worth for non-economic losses like pain and suffering.
Pain and suffering play a critical role in determining your settlement amount, but the amount of physical and emotional hardship accident victims are experiencing is difficult to prove. Your lawyer may demonstrate this aspect of your case through:
- Medical records
- Police reports
- Photos of the accident scene and your injuries
- Expert witnesses
Since these elements are subjective and cannot be applied in the same way to every accident case, there is no standard average settlement for a car accident injury.
Our Record of Success
At Cochran, Kroll & Associates P.C., we have an outstanding record of achieving settlements for our clients in Michigan. Understanding the payout for cases similar to yours can give you a more accurate idea of what settlement amount you can expect.
Here is a small sample of the awards and settlements we have obtained for our clients.
- A Tuscola County jury awarded $3.3 million to a motorist who suffered a brain injury after an accident caused by a defective Michigan Highway.
- A Livonia pedestrian recovered $1.4 million who suffered a brain injury after being struck by a van in Redford, Michigan.
- A family from Marlette, Michigan, received a $1.3 million settlement after their 5-year-old-son was killed when a semi-truck struck their vehicle.
- A grandmother from Bay City was awarded $80,000 for a car accident resulting in a broken leg.
Talk to a Car Accident Lawyer about Your Settlement Amount
A skilled Michigan personal injury attorney can evaluate your claim to determine what it’s worth. Our legal team can guide you through the filing process if you think it’s financially worthwhile to move ahead with your accident claim.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.