CDC data shows that around 39.5 million people seek treatment for personal injuries each year in the US. Car accidents are one of the most common reasons for personal injury cases.
But there are also 1+ million slip-and-fall cases each year and 4.5 million dog bites. However, the question we’re dealing with is- how much do personal injury cases settle for?
There are endless types of personal injury cases. Other than the common ones, you may hear about workplace accidents, medical malpractice, and product liability cases.
Settlement Amounts Vary Widely
The amount of money you can expect to receive from a personal injury settlement can vary widely based on the details of your case. Some factors that impact settlement amounts include:
- Type and extent of your injuries – How much do personal injury cases settle for? More severe injuries that result in ongoing medical treatment, lost wages, diminished quality of life, etc. typically result in higher settlements.
- Minor soft tissue injuries may only warrant smaller settlements. A serious brain injury or permanent disability will always incur a higher settlement compared to a minor fracture.
- Liability and negligence – Clear negligence and liability on the defendant’s part usually leads to higher settlements than cases where liability is disputed.
- Insurance coverage – Settlements are often limited by the defendant’s insurance coverage amount, so cases with defendants who have extensive insurance coverage can potentially lead to larger settlements.
- Lost income and medical expenses – Plaintiffs can claim compensation for lost wages, diminished earning capacity, medical bills, etc. These measurable economic damages usually increase settlement amounts.
- Non-economic damages – Amounts for pain and suffering, loss of enjoyment of life, disfigurement, etc. are more subjective but can still add substantially to a settlement.
- Experience of attorney – An experienced personal injury attorney who has a proven track record of securing large verdicts and settlements can often negotiate a larger settlement, sometimes even beyond insurance coverage limits.
Average Settlement Amounts
Every case is different. So, you must look at average settlement amounts for common injury types. To guess, how much do personal injury cases settle for, here’s a list of ideas:
- Whiplash/soft tissue injuries – Typically a few thousand dollars up to $50,000. More extensive soft tissue injuries can lead to higher settlements.
- Broken bones – Simple fractures may warrant settlements up to $75,00, whereas a compound fracture case could settle for as much as $250,000.
- Back injuries – Minor soft tissue back injuries may settle for around $50,000 but the national average is $925,000.
- Burn injuries – Settlements vary based on burn degree and affected areas but can easily exceed $500,000 in severe cases.
- Brain/head injuries – Traumatic brain injuries with cognitive impairment can exceed $1 million.
- Scarring/disfigurement – Settlement amounts vary based on severity and areas affected but significant facial scarring can warrant settlements over $100,000.
Case Examples for Amount Anticipations
The personal injury settlement stats show that the recovery amounts might not seem enough. You may feel you suffered a hell lot more, and the amount isn’t compensation enough. However, your emotional parameter is not what decides how much you may claim from an event.
For example, let’s take the case of Kermani LLP. The firm dealt with a car accident case. In 2019, the case was one of the most exemplified personal injury cases. The settlement amount in that case was $1.3 million.
Another case, the same year, earned a compensation of $7.5 million. However, it was a wrongful death claim case. The dishonoring penalty was added up with the case penalty.
Now, there’s a trick that attorneys often use to extract the highest claims from personal injury cases. Let me share a statistic to make things clearer.
Firstly, you should know that about 94% of criminal cases are settled outside the court. In these cases the importance of plea bargains is unprecedented.
However, one thing you may not know is that the same number of cases in civil niche are also settled outside the court, if not more. Last year, 95% of the cases were settled by attorneys privately. Here lies the trick.
Off-the-court settlement is the tactic that attorneys use. they pitch an amount to the defendant against saving his/her reputation, by not ringing the court.
Usual Lawsuit Outcomes
The US Dept of Justice shared some vital stats this year. The files say that 4 to 5% of the personal injury cases finally reach the court.
However, the highest success rate of auto accident cases is 61%. So, the bottom line is that you might be getting only average returns if you are considering the court case results.
The same value multiplies when you re settling the issue out of the court. However, you might have to pay the mediator’s fees. On that note, the fees can be shared between both parties too.
Typical Court Case settlement values
More than 50% of the court cases on personal injuries settle for $35000 or lesser. The median rewards might be lesser. However the cases settled outside are weighed at least $80k to $90k. This rate is mostly applicable for auto injuries.
when you’re talking of premise liabilities, the rewards may be higher. For cases where the property owners share the liability, the average return might be $90,000 or higher. At the same time, the resurrection and property settlement claims are additional.
Consult a Personal Injury Attorney
Predicting an exact settlement amount for any personal injury case is challenging, as each situation is unique. Robert Hammers, one of the experienced Atlanta personal injury attorneys at Hammers Law Firm, explains that a lawyer can assess the specific details of your case.
Then he offers a professional opinion on a reasonable settlement to pursue. Having a skilled advocate by your side can significantly increase your chances of securing the maximum compensation to which you’re entitled.
Be Realistic with Expectations
While it’s natural to want to receive maximum compensation, it’s important to keep expectations realistic. Extremely high demands could lead defendants to take an aggressive stance and refuse to settle.
An experienced attorney can advise on reasonable settlement ranges that sufficiently compensate your damages.
The Bottom Line
How much do personal injury cases settle for? The bottom line is that the amount depends on the kind of claim. the claim values are highest in premise liabilities. After that comes auto injuries.
Other cases may earn you equal or lower merit. remember you should claim a modest or reasonable amount. Otherwise, you may face backlash in the court.
At the same time, know that the court sustains a lot of cases each year too. So develop a genuine case claim, if you want to win big rewards.
Read Also:
- Difference Between Negligence And Malpractice?
- Experience: A Quality That Only the Best Personal Injury Lawyers Have
- Massachusetts Statute of Limitations for Personal Injury: How Long After an Injury Can You File Your Claim?
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