How much is my car accident injury case worth?
Economic damages: your money losses
These are losses you can add up with bills and pay stubs:
- Medical bills, past and expected future care
- Lost wages and lost ability to earn in the future
- Car repair or replacement and a rental car
- Other costs, like prescriptions, mileage to appointments or help at home
Keep every bill and receipt. Missing records are one of the most common reasons offers come in low.
Non-economic damages: pain and life changes
These cover harms that don't come with a receipt: physical pain, emotional distress, lost enjoyment of activities and, in serious cases, scarring or permanent limits. Injuries that need surgery, take a long time to heal or cause lasting problems are generally valued higher than soft-tissue injuries that heal in weeks.
Insurers and lawyers use different methods to put a number on this. See how pain and suffering is calculated.
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See injury lawyers near youInsurance limits often set the ceiling
A case can be worth more on paper than anyone can actually collect. The at-fault driver's bodily injury liability limit is often the practical cap. State law sets the minimum coverage drivers must carry, and those minimums can be low compared with a serious injury.
Other sources may help, such as your own underinsured or uninsured motorist coverage, or more than one at-fault party. If the other driver had no coverage at all, see what happens if the at-fault driver has no insurance.
Things that lower what you take home
- Shared fault. In most states your award is reduced by your share of fault, and in some states being partly at fault can block recovery. See comparative negligence by state.
- Liens. Medicare, Medicaid, health plans and some hospitals may need to be repaid from your settlement.
- Legal fees and costs. Injury lawyers usually work on contingency, taking a percentage of the recovery plus case costs.
- Damage caps. Some states limit certain damages, most often in medical malpractice cases or claims against government agencies. These are less common in ordinary car crash cases, but check your state.
Getting a realistic number
Most injury cases settle. In the Bureau of Justice Statistics' study of state courts, bench and jury trials made up about 4% of tort case outcomes in 2005. So the real question is usually what a fair settlement looks like.
Be careful with online calculators or a friend's settlement. Two crashes that seem alike can be worth very different amounts because of injuries, insurance and state law. Waiting until your treatment is done gives a clearer picture of your losses, as long as you stay within your state's filing deadline. A local injury lawyer can review your records and give you an honest range, and injurylawyers.si can list injury law firms near your ZIP code.
Common questions
Is there an average settlement for a car accident?
There's no official current average that would fit your case. Values vary widely with injuries, insurance and state law, so a case-by-case review is more useful than any average.
Does a higher medical bill mean a bigger settlement?
Often, but not always. Insurers look at whether treatment was reasonable and related to the crash, and the total can be limited by the available insurance.
Should I accept the first offer?
First offers are often low and come before your full losses are known. Settlements are usually final, so compare the offer to your records first.
Can I get more than the other driver's policy limit?
Sometimes, through your own underinsured motorist coverage, other liable parties or, less often, the driver's personal assets. Collecting beyond policy limits can be hard.
Do I pay taxes on a car accident settlement?
Money for physical injuries is generally not taxable under federal law, but some parts may be. See our guide on taxes on a personal injury settlement.