California’s heavy traffic and high-speed expressways are magnets for motor vehicle accidents. When you are in a car accident caused by another person, chances are you may choose to file a suit against the responsible party. As you make this important decision, you may find yourself wondering, “How is a car accident settlement calculated in California?”
Motor vehicle accidents can end in injury, emotional distress, and potentially lost wages if your injury prevents you from working. A car accident lawyer from Gallegos Law Firm can help recover some of these expenses from the at-fault party.
In 2023, there were 4,061 motor vehicle accident fatalities in California. There were 17,330 driving under the influence (DUI) arrests in Los Angeles County alone. According to the Virginia Tech Transportation Institute, distracted driving is also a major contributor to motor vehicle crashes.
When damages are calculated for a motor vehicle accident, some of the factors that may be taken into account are:
- Whether your motor vehicle is damaged from the accident
- Where the accident occurred
- What percentage of fault belongs to each driver
- Whether you sustained physical injuries
- Whether you sustained emotional damage
- Any future costs the injury may incur
When you hire an experienced car accident attorney, they can calculate these costs through gathering evidence, interviewing medical and motor vehicle repair professionals, and analyzing your case with the eye of a skilled professional.
Insurance
In California, each driver must carry hefty insurance to cover their own and others’ injuries. In 2025, California increased the liability limits to a 30/60/15 model.
This translates to $30,000 bodily injury liability coverage per person, $60,000 per accident, and $15,000 for any property damage. In 2035, these limits will rise again to $50,000 for bodily injury, $100,000 per accident, and $50,000 for property.
Because California is an at-fault state, an injured party may file a claim against the negligent party even if they are partially at fault for the accident, as long as they are 50% or less at fault. The percentage at fault will be subtracted from the award amount.
A driver who is injured, whether physically or emotionally, may also attempt to recover damages for pain and suffering. If the injured party does not have motor vehicle insurance, however, they may not claim pain and suffering.
Hire a Car Accident Lawyer Locally
When you are in a car accident in or around Monterey Park, California, the last thing you want to focus on is trying to get downtown into Los Angeles to find a lawyer. However, a car accident lawyer is exactly what you need to get compensated for your losses.
When you hire a car accident lawyer from the Gallegos Law Firm, George A. Gallegos can use his intimate knowledge of the law and insurance tactics to negotiate a strong settlement or go to court when necessary to be a fierce advocate for your rights.
Car accident attorneys know how insurance companies try to escape their responsibility by downplaying a victim’s injuries, maligning their character, or offering a low settlement amount in the hopes you’ll take the first offer.
Car accident attorneys are generally very familiar with the following professionals:
- Medical professionals, including cognitive and physical therapists
- Mental health professionals
- Motor vehicle repair technicians
- Insurance claim adjusters
Finding a car accident attorney who has your specific needs in mind, like Attorney George A. Gallegos of the Gallegos Law Firm, can help you recover the most value for your efforts.
FAQs
What Is the Average Settlement for a Car Accident in California?
In California, the average settlement for a car accident can vary greatly depending on several factors. Some elements that may add to the recovery amount include whether you sustained a permanent or temporary injury, whether your vehicle was damaged, and whether or not you were partly at fault.
In California, you can only file a claim if you are 50% or less at fault. However, the percentage you are at fault will be subtracted from your settlement amount or award.
How Much of a $100,000 Settlement Will I Get in California?
How much you receive out of a $100,000 settlement depends on several factors, since you may have to account for attorney fees, fault determination, and other costs. Some factors include whether the other party admits that they were at all at fault for the accident, whether evidence collection must be done, and whether there are medical bills, witness statements, and police reports to gather.
Should I Accept the First Car Accident Settlement Offer?
You should generally not accept the first car accident settlement offer. Insurance companies will often attempt to offer a lower amount in the hopes you will accept it. These offers rarely consider pain and suffering. You deserve to be compensated for your injuries, and you may need more than you expect to facilitate healing.
Some injuries may show up much later. It’s better to allow time for a full, thorough investigation than to take a lower offer.
How Can I Prove Pain and Suffering in a Car Accident Case in California?
You can prove pain and suffering in a car accident case in California by keeping as much documentation as possible. Medical bills are not only proof of the physical pain you’ve suffered, but also of the potentially crushing weight of the cost of healthcare.
Keeping a copy of any therapy bills or notes from your healthcare provider can be helpful to prove mental anguish or suffering. Witness statements on how your life has changed may also be valuable.
A Local Firm With a Passionate Lawyer
The Gallegos Law Firm has over 20 years of personal injury experience. George A. Gallegos is a California native, earning both his bachelor’s and law degree at UCLA. Mr. Gallegos and his team are compassionate, attentive, and fiercely competent.
We are located in Monterey Park, an ideal venue for clients who aren’t thrilled about traveling into downtown Los Angeles.
If you have been in a car accident caused by someone else’s carelessness, contact us today to see how we can help you.
