Anyone who has ever been in a T-bone—or any—type of car accident and is seriously injured usually ends up with significant financial concerns. Because of this, they decide to file a claim or lawsuit to seek compensation.
If you or a loved one was recently injured in a T-bone crash, you are likely wondering, What is the average payout for a T-bone accident in California? At Weinberg Law Offices, we can help you determine what type and how much compensation you might be able to receive.
T-Bone Car Accident Settlement Factors
Although it is usually not what accident victims want to hear, there is no average T-bone car accident settlement amount. This is for several reasons, mainly because most settlements are confidential and not public. Confidential settlements cannot be factored into an average equation. There also is no “average settlement database” in which everyone plugs in their settlement amount. It is simply hard to know what people settle their claims or lawsuits for.
In addition, every situation, settlement, and case is unique. Even similar accidents will have differences that can affect the settlement.
While there is no average settlement for a T-bone accident calculation, several factors will be considered when determining fair and adequate payouts.
Severity of Injuries
One of the most influential factors in a T-bone accident settlement is the nature and extent of your T-bone car accident injuries. Practically speaking, this makes sense. If you suffer only minor bumps and bruises and expect to recover quickly, your payout will likely be less than that of someone with extensive injuries. If you have severe injuries that require intense medical care and you are not anticipated to make a full recovery, your settlement will probably be much higher.
Financial Loss
An injured plaintiff’s financial loss will be factored into any settlement or award. One of the most significant financial losses an accident victim might have is lost wages and the inability to earn a living. The amount of time you miss from work while recovering from your injury will be considered. Even more important, if your injury renders you unable to work again or forces you to take a less lucrative job, you are entitled to compensation for that loss.
Other financial losses can include the cost of repairing or replacing your vehicle, home or vehicle modifications, and hiring outside help to assist you with household chores.
Insurance Policy Coverage and Limits
You can have substantial damages, but you may have difficulty collecting compensation if there is little or no insurance coverage available. An accident victim is typically bound by the applicable insurance policy limits available. You generally can collect up to the maximum policy limits.
Applicable California Law
California is a comparative negligence state, which means a plaintiff can still recover damages even if they are partially at fault for the accident. In California, a plaintiff can still seek compensation even if they are 99% responsible for the crash.
Any settlement award can be reduced by the amount of fault attributed to the plaintiff. For instance, if the plaintiff is 50% at fault, their award will be reduced by 50%. In other words, if they are awarded $200,000 in damages but are 50% responsible for the T-bone accident, they will only collect $100,000.
Joint and Several Liability
In multi-vehicle crashes, several parties can be liable for the accident. Determining who is at fault is essential but can be challenging to do on your own. It often takes a thorough investigation and lengthy discovery to determine fault. Having an experienced car accident lawyer can markedly increase your chances of substantial compensation.
Other factors considered in determining a T-bone accident payout or settlement include:
- Your age, medical history, and whether you have any pre-existing conditions;
- Anticipated future medical expenses;
- Negative impact on your life;
- Who the defendants are (i.e., individual or corporation); and
- The number of defendants involved.
During your initial consultation and subsequent meetings, your attorney will review these factors to see how they might apply to your situation. From there, you can come up with a general estimate of what your case might be worth and what you can expect from any settlement or award.
Notably, you must consider how every factor applies to you. For instance, you may have a totaled car but experienced minor injuries and will return to work after only a few days, or you may have serious injuries but no lost wages and minor damage to your car. All factors together will generate an overall picture of your anticipated payout. Whether your case settles or proceeds to trial, an insurance adjuster, judge, or jury will utilize the same factors.
Types of Damages Factored into a T-Bone Car Accident Settlement
If their claim is successful, most T-bone accident victims can expect two types of damages: economic and noneconomic. Both compensate the plaintiff for their losses.
Economic Damages
Economic damages include medical expenses, anticipated future medical costs, car repair or replacement, lost wages, and the cost of hiring outside help for household duties or childcare. These damages are straightforward to calculate with records, receipts, pay stubs, invoices, and estimates. However, economic damages can vary significantly depending on how the abovementioned factors apply to your situation. An attorney can help you determine your actual economic damages.
Noneconomic Damages
While noneconomic damages also compensate a plaintiff, they pay for subjective, intangible losses. Examples include a plaintiff’s pain and suffering, mental anguish, emotional turmoil, disfigurement, and loss of enjoyment of life.
Because these damages are personal to the individual, they are often hotly contested by defendants and their insurance companies. However, you are entitled to them, which can be substantial. It is vital to have a sharp attorney ready to negotiate on your behalf to ensure you receive the maximum amount of noneconomic damages.
Exemplary or Punitive Damages
If you were involved in a particularly horrific T-bone accident because the defendant was grossly negligent or acted with malice, the court may award you punitive damages. Although rarely awarded, punitive damages punish a defendant for their horrific conduct and make an example out of them to deter future similar behavior. Your lawyer will discuss whether you might receive punitive damages.
California T-Bone Car Accident Law Firm
At Weinberg Law Offices, we pride ourselves on constantly communicating with our clients every step of the way. We will not recommend a settlement that is less than what you deserve and will take a case to trial no matter the size or who the defendant is. Contact us today for a free case evaluation. We do not get paid unless you win.
Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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