What is the Average Settlement for a Personal Injury?
Posted on April 1, 2019 in Uncategorized
If you are injured in an accident that was not your fault, you may wonder how much money you could claim in a personal injury settlement. However, determining the average settlement in these cases is not always possible. Some people may see settlements well into the millions and many more may receive a modest settlement in the thousands. How much you receive will depend on the facts of your case and the injuries you sustained.
How Much Could Someone Receive for a Personal Injury Case?
For personal injury cases, the compensation you could receive will vary based on the circumstances of your case. Many settlements are confidential, which is why it can be difficult to provide a true average. However, many plaintiffs in personal injury cases typically receive payouts between $3,000 and $75,000.
What Can Impact the Final Settlement Amount?
Since you cannot determine an average personal injury
settlement amount based on the experiences of others, you will need to base
your potential settlement on your specific circumstances. A few key factors can
impact how much money you receive at the end of your settlement.
- If you are seeking a settlement through an
insurance company, the company’s policy limit will impact how much money you
receive. If you have injuries that exceed that policy limit, it is very
unlikely that you would receive more compensation – even if your case is worth
more. In these situations, it is best to pursue a personal injury lawsuit
rather than an insurance claim.
- The nature and severity of your injuries and
losses will form the basis of the amount of money you receive. The more serious
and extensive your injuries are, the more money you could obtain through your
settlement. Depending on the circumstances of your case, you can claim
compensation for past and future medical expenses, lost wages, property damage,
and even intangible damages, such as pain and suffering, emotional distress,
and punitive damages for especially negligent or reckless cases.
- Having a personal injury attorney on your side
could also impact how much money you receive in your settlement. Insurance
companies tend to offer lower settlements to clients who do not have legal
representation, since you do not have an attorney to evaluate the claim. Your
attorney will be able to know if you are receiving a fair settlement and argue
for a higher settlement if necessary.
- The majority of personal injury cases settle
outside of the courtroom, but going to trial can make your final settlement
amount unpredictable. If you are at the negotiating table, you will have
greater control over the amount you receive. However, if you need to argue for
a higher settlement amount, you will have to enter the courtroom process. In
this situation, the jury will decide how much money you receive and could
decrease your award based on your share of liability.
Florida’s Pure Comparative Negligence Law
One of the biggest risks of entering the courtroom for a
personal injury settlement is Florida’s pure comparative negligence standard.
The jury will examine your case and determine if you share a percentage of
liability for the accident. They will then decrease your award by that amount.
For example, say that you receive a settlement for $20,000
after sustaining injuries in a car accident. However, the jury finds that you
were speeding at the time of the accident. You could be liable for 30% of your
accident – and as a result, you will only receive $14,000.
Having a personal injury attorney on your side can craft a
compelling case on your behalf, reduce your liability, and argue for your
higher settlement. If you have not yet done so, contact a personal injury
lawyer as soon as possible.