Average Personal Injury Case Settlement Amount

October 28, 2023

When we think of personal injury cases , the images that typically come to mind are courtrooms, lawyers arguing their cases, and a lengthy legal process. While it's true that sometimes cases do end up in court, the reality is that most personal injury cases are actually resolved through settlements.
When someone gets injured due to the negligence of another party, the legal process can sometimes help them receive compensation for their injuries and related damages. This compensation, known as a personal injury settlement, can vary greatly from case to case. While there is no definitive "average" settlement amount, understanding the factors that influence these amounts can provide valuable insight into what one might typically expect in a personal injury case.

What is a Personal Injury Case Settlement?

In simple terms, it is an agreement reached between the injured party (plaintiff) and the at-fault party (defendant) outside of court. It often involves the injured party receiving compensation for their injuries, damages, and medical bills. Settlements can occur at any stage of the legal process, from pre-lawsuit negotiations to even during a trial itself.
Settlements can be reached through various methods, the most common being negotiation between the parties involved. Here, the injured party's attorney will communicate with the defendant's attorney to try and reach a fair agreement. Both sides present their positions, evidence, and supporting documents, ultimately aiming to find a middle ground that satisfies both parties. This process can be lengthy and complex, requiring skilled negotiation tactics and the ability to assess the true value of the claim.

How personal injury case settlement Amount Determined?

Severity and Extent of the Injuries

This plays a crucial role. Severe injuries that result in long-term or permanent disability will likely result in higher settlement amounts. These injuries can include spinal cord damage, traumatic brain injuries, severe burns, amputations, or other debilitating conditions that impact a person's quality of life.

Medical Expenses

The medical expenses incurred due to the injury significantly affect the settlement amount. This includes past and future medical bills, such as ambulance fees, hospital stays, surgeries, physical therapy, medication, and any necessary ongoing treatments. The more extensive and costly the medical treatment, the higher the potential settlement amount.

Lost Wages

Loss of earning capacity is also taken into account when determining the settlement amount. If the injury has caused the victim to miss work, lose their job, or significantly decrease their earning potential, they may be entitled to compensation for their financial losses. This can include the wages lost during recovery, as well as future earnings that may have been available had the injury not occurred.

Pain and suffering

Emotional distress and loss of enjoyment of life are other factors that impact settlement amounts. These subjective damages, known as non-economic damages , are often harder to quantify but are nonetheless crucial in evaluating the overall impact of the injury on the victim's life.

Negotiations Between the Parties Involved

The defendant's insurance company and the victim's legal representation also play a significant role in determining the settlement amount. Each party's willingness to negotiate and the strength of the evidence presented can affect the final outcome. Having an experienced personal injury attorney can greatly increase the chances of reaching a fair settlement amount.
While every personal injury case is unique, statistics show that the majority of personal injury settlements range from a few thousand dollars to several hundred thousand dollars. However, it is essential to remember that these figures are merely rough estimates, and the specifics of each case can vary greatly.
Furthermore, in some cases, if the liability is clear and the injuries are severe, the settlement may exceed a million dollars. For example, cases involving catastrophic injuries or wrongful death might result in substantially higher settlements due to the significant impact on the victim and their family.

Consult Michael J Englert, Attorney at Law

It is important to keep in mind that the ultimate goal of a personal injury settlement is not only to cover the victim's damages but also to provide a means of moving forward in their life.
While settlements can offer numerous benefits, it's essential to approach them cautiously. Some defendants may attempt to offer low settlements to minimize their financial liability. This is where having a skilled personal injury attorney by your side becomes crucial. 
Consulting with a knowledgeable personal injury attorney can help evaluate the potential value of your specific case and work towards securing a fair settlement.

Average Personal Injury Case Settlement Amount

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