If you have suffered an injury due to someone else’s negligence, you may be eligible to file a personal injury lawsuit and receive compensation. But how much money can you realistically expect to recover? While every case is different, looking at average settlement and verdict amounts can give you a general idea of the potential value of your claim.
Most Personal Injury Cases Settle
First, it’s important to understand that the vast majority of personal injury cases – around 95% – reach settlements before going to trial. This means compensation is typically determined through negotiations rather than leaving it up to a jury. Settling avoids the risk and cost of a trial and often leads to a quicker resolution.
Success Rates Vary
For the small portion of cases that do go to trial, the plaintiff’s likelihood of winning varies quite a bit depending on the specifics of the case. A study by the Bureau of Justice Statistics found that plaintiffs were successful about 50% of the time overall in injury trials. But they won about 60% of auto accident cases, compared to only 20% of medical malpractice cases.
Average Payouts
The same study provides insight into typical payout amounts. Half of plaintiffs received $24,000 or less. The middle amount awarded for all cases was around $30,000. For car crashes, the middle amount was $16,000, while it was $90,000 for premises liability cases.
Much Larger Awards in Some Cases
Certain types of cases often result in far higher payouts. The average award in medical malpractice cases was over $675,000. For flawed product cases, the middle amount awarded was $750,000. The more severe the injury and misconduct, the higher the potential value.
Every Personal Injury Case is Unique
According to Aaron Tillman, the founder of Tillmann Law Personal Injury Lawyers and a leading Portland personal injury lawyer, “While these figures provide rough estimates, the value of your particular case depends on the details.” An experienced personal injury attorney can assess your situation and provide a more accurate valuation. With severe injuries, strong evidence, and egregious actions by the defendant, you may recover significantly more than these averages. Pursue the maximum compensation you deserve.
Other Factors That Increase Value
There are some key factors that typically increase the value of a personal injury claim above these average amounts:
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Permanent disabilities or disfigurement – If your injury causes permanent limitations or scarring, your pain and suffering damages will be greater.
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Lost wages and reduced earning capacity – If you miss work and lose income due to the injury, or your career prospects are diminished, you can claim these losses.
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Long hospitalization or rehabilitation – The longer your treatment and recovery time, the higher your medical expenses and other damages.
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Clear liability and severe misconduct – If the defendant’s behavior was particularly egregious, punitive damages may be awarded.
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Sympathetic plaintiff – Juries connect more with plaintiffs they find likable and relatable.
An experienced personal injury attorney can maximize the value of your claim by highlighting these types of aggravating factors. Don’t settle for less than full and fair compensation.
Disclaimer:
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