Value of a Car Accident Claim | Frank Penney Injury Lawyers

If you sustain injuries in a car accident, you should claim compensation from the liable person. Hiring an attorney will ensure you get the best possible damage award. Here are some factors that affect the value of your personal injury claim.

Severity of Your Injuries

The nature and severity of your injuries determine the value of your claim. If you have sustained catastrophic injuries that permanently affect your life, you will receive a high damage award. For instance, a paralyzing spinal cord injury will result in a greater settlement than a bruised hand.

Another common auto-accident-related injury that leads to a high damage award is a traumatic brain injury. Severe traumatic brain injury affects all aspects of a victim's life, including their ability to work, perform household tasks, and engage in daily activities.

Percentage of Fault for the Accident

In many auto accidents, the person who caused an accident is responsible for the victim's damages. However, you will receive lower compensation if you are partially liable for the accident. Under contributory negligence laws, your compensation depends on your percentage of fault.

Some states have a limit to recovery for contributory fault. For example, if you are more than 50% liable for a car crash, you will not get any money for your damages. Under comparative negligence laws, you will receive compensation regardless of your percentage of fault. California is a comparative negligence state.

Amount of Liability Insurance

When you sustain injuries in a car accident, liability insurance will pay for your damages. Many states require drivers to have a minimum amount of liability insurance.

For example, some states require minimum liability insurance of $25,000. If you sustain a severe injury in a car accident, $25,000 is insufficient for your total damages. In such cases, your attorney can file an underinsured motorist claim. Alternatively, you can file a lawsuit against the liable driver and other parties to increase your damage award.

Pre-Existing Condition

If you suffered from a pre-existing ailment prior to the collision, the at-fault driver's insurance company will try to contest your claim. However, you can claim damages if the collision worsens your pre-existing condition.

Some pre-existing conditions that worsen after a car crash include traumatic brain injuries, back injuries, and bone fractures. The insurance company will not compensate you for the treatment you should have received if you weren't involved in the crash. But, it will pay for any treatment that became necessary because of the crash.

For example, suppose you were suffering from a degenerated disc that required you to take prescription pills before your car crash but required surgery because of the accident. In that case, the insurance company will only pay for the surgery.

Out-of-Pocket Expenses

Many people think that they can only receive compensation for medical expenses and lost wages. However, you can also claim reimbursement for your out-of-pocket expenses.

Some out-of-pocket expenses that will increase the value of your claim include:

Travel to and from hospital appointments
House help for household chores
Prescription medications
Medical equipment for your home
Modifications to your home because of a permanent disability

Ensure you document your out-of-pocket expenses and keep copies of all invoices, bills, and receipts related to your auto-accident injuries and recovery.

Statements About the Car Accident

In car accident cases, your insurance adjuster and defendant's attorney will use anything you say against you. Therefore, you should avoid admissions of guilt or careless statements when talking to the insurance adjuster or the defendant.

Furthermore, you shouldn't consent to give a written or recorded statement outlining your version of the accident. An insurance adjuster will try soliciting confessions and comments that will lower your settlement amount. For example, admitting you are partially liable for an accident will diminish your claim. A rule of thumb isn't to speak to an insurance adjuster or police officer without the presence of your attorney.

If you sustain injuries in a car accident, you should file a personal injury claim for damages. Frank Penney Injury Lawyers has many years of experience in personal injury law and will not rest until you receive fair compensation. Contact us today for a case review and advice on maximizing your claim.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Temecula California Freeway Crash Leaves Four Dead, Two Injured

By Frank Penney • August 28, 2025

A devastating crash on the 15 Freeway in Temecula late Saturday night left four people dead and two others injured after a BMW M4, allegedly driven recklessly, lost control and caused a head-on collision. The California Highway Patrol reported the crash around 9:33 p.m. when the BMW, traveling north of Winchester Road, swerved left, struck a concrete median, and flew into the southbound lanes. The car veered into the far-right lane and collided head-on with a white Nissan Sentra. The BMW burst into flames moments after impact. Good Samaritans were able to pull the BMW’s driver, a 25-year-old man from Moreno Valley, from the burning vehicle. He suffered major injuries and was rushed to a hospital. Tragically, his passengers did not survive. A 23-year-old woman in the front seat and two Moreno Valley teenagers, a 14-year-old boy and a 15-year-old girl in the back, were pronounced dead at the scene. The Nissan’s driver, a 35-year-old man from Wildomar, was taken to a hospital but did not survive the trip. His passenger, a 22-year-old man, remains in critical condition. Authorities said that alcohol does not appear to have been a factor, but charges against the BMW driver are pending as investigators continue to examine the circumstances surrounding what they describe as reckless driving. As of Sunday afternoon, none of the victims had been publicly identified. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Law does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Motorcyclist from Dixon Killed in Big Rig Crash on I-80 in Davis, California

By Frank Penney • August 27, 2025

A tragic crash on Interstate 80 in Davis claimed the life of 42-year-old Christopher Barr of Dixon early Tuesday morning. According to the California Highway Patrol, the accident happened just before 4:45 a.m. in a construction zone on the eastbound side of the freeway, just west of Mace Boulevard. CHP reported that a Volvo tractor with trailers was traveling in the middle lane when, for reasons still unknown, Barr’s Harley Davidson motorcycle failed to slow down and struck the back of the truck. The impact threw him from the motorcycle, and he was fatally struck by another vehicle that has not yet been identified. Authorities have said that alcohol and drugs do not appear to be factors in the crash. The collision remains under investigation by the California Highway Patrol as they work to determine what led to the fatal chain of events. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Law does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Fatal Motorcycle Crash in Elk Grove, California Leaves 21-Year-Old Rider Dead

By Frank Penney • August 27, 2025

A tragic accident in Elk Grove early Friday morning claimed the life of a 21-year-old motorcyclist. According to the Elk Grove Police Department, the crash occurred around 6:15 a.m. on Elk Grove Florin Road just north of Campbell Road. Investigators reported that the driver of a pickup truck towing a trailer was attempting a U-turn into the southbound lane when the motorcycle collided with the truck’s side. The impact threw the rider from the motorcycle, and despite the quick response of medical personnel, the young motorcyclist was pronounced dead at the scene. Authorities have not yet released the rider’s name, awaiting notification of next of kin by the Sacramento County Coroner’s Office. The roadway remained closed throughout the morning as police investigated the crash, reopening to traffic around noon. The Elk Grove Police Department continues to look into the circumstances surrounding the collision and is asking anyone with information to contact their traffic bureau at 916-478-8143. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Law does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!