Settlements are common outcomes in most car accident cases because even when both sides in a legal case believe they have strong arguments, it is often better to agree to settle a case rather than take it to trial, which can be costly and frustrating. Car accident claims do not settle immediately, and it usually takes some time for an insurance company to become willing to pay the kinds of compensation awards to which people believe they are entitled.
Hit-and-run accidents represent a very specific kind of crash that makes it impossible to determine exactly what kind of average settlement amount people command in such cases since there is no inventory of hit-and-run victims and compensation. When it comes to trying to calculate what you think your own personal settlement might be, it is good to keep in mind any unique considerations to your case that might add particular value.
The general rule in all hit-and-run accidents is for people to hire an experienced car accident attorney as soon as possible because they can offer help in numerous ways, including possibly identifying the driver. More importantly, a personal injury lawyer can immediately step in and begin negotiating a truly fair and full settlement to your case, as you do not want to be attempting to negotiate your own settlement because insurance agents are trained to find ways to exploit you and use things you say against you to reduce your award.
California Statistics for Average Car Accident Settlements
A car accident has the potential to settle for anything from a few hundred dollars to several million. Multiple websites, including Forbes estimate that the current average settlement is in the neighborhood of $21,000 to $23,000.
You do not want to base your own case on prior judgments and begin making comparisons because your own case can have unique elements that make it worth more than you realize. It is important to make sure that you have an attorney handling your settlement negotiations.
Things People Should Know About Obtaining Car Accident Settlements
Following most car accidents, insurance companies for negligent parties take immediate steps to contact potential victims and get them to sign settlement agreements that prevent them from filing court cases. The insurers often try to take these steps before people have had a chance to call an injury lawyer, leaving victims overwhelmed.
Even when a settlement offer from an insurance company sounds generous, you need to ask yourself whether the proposed amount is really going to last when you consider all of your newfound expenses to care for your injuries, as well as many other increases to the cost of living. Chances are good that your settlement might be enough to cover your current medical bills, but not your future ones, and maybe leave you with a little extra.
It takes the typical hit-and-run accident victim many months to recover from their injuries, usually years. You will want to make sure that you have an attorney on your side who knows exactly what kinds of future medical costs you will be facing and how they will be paid.
Founded by famous attorney Arash Khorsandi, Esq., Arash Law will know how to take all of the steps to document your injuries and list all of your damages by collecting all of your medical bills, property damage estimates, and police reports, in addition to employment records for recovery of lost wages. Our California hit & run injury firm will take every factor into account when determining an appropriate settlement figure that will be acceptable in negotiations.
Factors Affecting Hit-and-Run Accident Settlements
A hit-and-run accident can lead to a number of potential complications for people seeking compensation, with the primary challenge often being determining the identity of the driver. When a negligent driver leaves the scene of a hit-and-run accident and is never located, it does not do not much to help most people with injury claims.
Most people will still have other kinds of automobile insurance claims they can file with their own insurance companies, although it is still critical to retain legal counsel for assistance in negotiating settlements in these cases. Insurers work against people even when they are their own clients.
Identifying an At-Fault Driver
When you report your hit-and-run accident to local police, they can usually take a number of steps to help locate and apprehend the driver. Not all efforts are successful, however, as some drivers can escape and hide until later without ever being discovered.
For many victims in these cases, uninsured motorist (UM) insurance can prove to be an invaluable investment because such policies will treat hit-and-run accidents the same as uninsured motorist claims. Most states do not require people to carry UM insurance, so it remains optional but can be a real lifesaver.
Diagnosing Injury Severity
When you are dealing with a hit-and-run injury claim, the nature of your injury can certainly play a major role in the amount of compensation you will recover. Injuries requiring surgery, longer hospital stays, rehabilitation, or additional treatment are worth more than injuries that are less severe.
The most common kinds of injuries that generally result in larger settlements are traumatic brain injuries (TBIs) and spinal cord injuries. A TBI will be a lifelong injury that tremendously impacts how a person can navigate daily life, while a spinal cord injury can involve possible complications to the rest of a person’s body.
Many injuries also impact a person’s work ability, so people cannot return to their former professions and can be entitled to reduced earning capacity claims. You deserve compensation when your injury affects your ability to earn a living.
Hit-and-Run Damages
People involved in hit-and-run accidents can suffer various kinds of damages depending on their role in the accident. When it comes to a personal injury case, damages are typically divided into economic damages and non-economic damages.
Economic damages are for actual, tangible losses, such as:
- Medical bills
- Lost wages
- Property damage
- Vehicle rental costs
Non-economic damages relate to more subjective concerns, such as:
- Pain and suffering
- Permanent disability
- Disfigurement
- Emotional distress
- Diminished quality of life
Wrongful Death Claims in Hit-and-Run Cases
When a person is killed in a hit-and-run accident, then the family left behind usually has grounds to file a wrongful death lawsuit. In Louisiana, a deceased person’s spouse or children can file a wrongful death lawsuit first, then the parents of the deceased, then the siblings of the deceased, and finally the grandparents of the deceased.
A wrongful death case often has a different statute of limitations than personal injury cases in which the dates of accidents are starting points, and the date of death is instead when the limitations period begins. An experienced accident attorney can negotiate with an insurance company for a suitable wrongful death settlement.
Other Damages Juries Can Award
While compensatory damages are usually the only hope people have, certain hit-and-run cases can result in a punitive damages award. Punitive damages are much rarer, and they are awarded more to punish wrongdoers than to reward victims.
A punitive damage award can be on top of a settlement as an additional sum for a person, and this award becomes more likely when a hit-and-run offender committed other forms of misconduct for which a judge will want to send a message. A punitive damage award intends to warn others about conduct that courts will not accept.
When Police Cannot Identify a Hit-and-Run Driver
The police departments that handle hit-and-run cases usually invest significant resources in trying to catch the people responsible for the accidents. The unfortunate truth remains that there are some drivers who simply avoid capture and thus leave victims with no means by which to hold them accountable.
People can still have options to recover compensation even when police cannot find a hit-and-run driver. Insurance companies can play major roles.
When to File an Uninsured Motorist Insurance Claim
Louisiana Revised Statute § 22:1295 establishes that all automobile liability insurance policies in the state must include UM insurance unless the policyholder opts out in writing. Filing a UM claim seems straightforward to most people since they are dealing with their own insurance company instead of another party’s, but you should not think that your own insurer will not try to find reasons to reduce what it has to pay you.
Your UM coverage will usually be dictated by your policy limits, but you can be entitled to awards to cover your medical bills, lost wages, and other damages. Make sure you have an accident lawyer handling your UM claim so that you do not have to deal with the insurance company yourself.
Steps Arash Law Takes for Our Clients
When you hire Arash Law, led by Arash Khorsandi, Esq., to handle your hit-and-run accident case, you will get all of the following:
- An independent investigation of your crash scene and cooperation with law enforcement in working to identify the hit-and-run driver
- The collection and identification of other forms of evidence supporting your claims
- Determining a fair settlement value
- Navigating the claims process
- Negotiating a settlement
- Communication with all involved parties, including insurance companies, court officials, and investigators
Whereas most states give people a few years to file lawsuits for injuries, Louisiana has a limitations period of only one year. You do not have much time to debate whether to take legal action because state law compels you to take action sooner rather than later.
Figuring Out Your Settlement Value for a Hit-and-Run Accident Case
You can get the best possible range of settlement values by speaking with an experienced hit-and-run accident lawyer. Anybody who is dealing with serious injuries should not hesitate to seek legal representation because their needs will be more urgent than others.
When you hire an attorney, they can take all of the factors into account that can impact your settlement amount. They will have a much better understanding of exactly how much you should be expecting.
Speak with Our Team at Arash Law About Your Case
Even though settlement averages are difficult to determine, the team at Arash Law, managed and operated by Arash Khorsandi, Esq., will be happy to help you get a better idea of what kinds of damages you can be looking at in your own case. Our acclaimed injury law firm in California provides free case reviews near you, so you have nothing to lose by speaking with us.
Spearheaded by Arash Khorsandi, Esq., Arash Law handles all car accident cases on a contingency fee basis, meaning people pay no upfront fees, and we only collect when we win or settle your case. We represent all kinds of Louisiana car accident victims, including hit-and-run accident victims, and you can call (888) 488-1391 or contact us online now to get started.
