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What Is The Average Payout For a Personal Injury Claim?

October 12, 2021 By Flora Templeton Stuart

The type of personal injury claim is a factor in the average payout or settlement. Generally, a slip and fall accident at a business will pay less than a car or semi-truck accident. This is because proving the business is at fault is more difficult since you may be blamed for falling. If you are seriously injured in a personal injury case, the liability (who is at fault) and extent of the injury will determine to a large extent the average payout when you settle. Insurance is usually not an issue with non-vehicle cases since there are often commercial business policies. In a vehicle accident, the amount of insurance to collect is important in determining the settlement. At Flora Templeton Stuart Accident Injury Lawyers, we have settlements ranging from under ten thousand dollars to millions for our clients.

If you are injured in a car crash or slip and fall due to another person’s negligence, you are undoubtedly dealing with lost time at work, medical bills, and emotional and physical distress. Medical bills and other expenses that keep piling up might overwhelm you.

As you worry about these expenses, you might be wondering how much the average payout is for a personal injury claim. An insurance settlement can compensate you for all the money you spend on medical bills. It can also make up for physical and psychological trauma, lost wages, and repairing or replacing your car.

The range of possible settlement payouts varies, and Flora Templeton Stuart can help you make a better estimate on the settlement amount based on the specific circumstances of your case.

Read on to learn more about personal injury compensation claims and what affects their outcome.

What’s In This Article:

What’s the Average Amount For a Personal Injury Settlement?

It can be challenging and irresponsible to put a dollar figure on a particular personal injury case. Average personal injury claims range greatly. The value of a personal injury claim depends on various factors such as medical bills, lost wages, and property damage.

While most cases fall between the very low and the very high end of average settlements, there are also exceptional cases. Some cases settle for millions of dollars, but they involve unique circumstances with either punitive or extraordinary damages.

An expert personal injury lawyer can help you determine where your case falls on the scope of typical personal injury settlements.

Flora Stuart delivering settlement check to client

What Affects the Outcome in Personal Injury Claims?

Calculating personal injury settlements is not always easy. Although there is no foolproof formula to calculate payments, understanding factors that affect the value of a personal injury claim can help attorneys manage a client’s expectations through negotiations. Below are factors that affect the outcome:

  • Nature of the injury– naturally, accidents that cause more severe injuries tend to attract larger settlements because of the pain and suffering. Hard injuries like broken spinal cord and bones raise the value of settlements as opposed to soft tissue injuries like bruising and sprains. Victims can expect to be awarded a larger settlement if the bodily injury is permanent, like brain trauma, permanent loss of a body part, or diminished mobility.
  • Treatment and medical documentation– larger settlements occur when post-injury medical treatment involves hospitals and doctors instead of physician assist. Reconstructive injuries also involve high settlement values. The longer the recovery duration and follow-up appointments, the more the settlement. Remember, the amount of medical documentation you have can significantly impact the value of your claim. Before settlement, an insurance company will require clear and strong evidence of injuries suffered and medical expenses. Collecting copies of your doctor’s notes, medical notes, treatment, and prescription plans can help you receive more compensation.
  • Witness credibility– presenting your personal injury claim in court may involve eyewitnesses and expert witnesses testifying on your behalf. Witness credibility is crucial to the strength of your claim. Credible witnesses with strong testimony can boost your claim for damages, while incredible witnesses can harm your case.
  • Insurance policy limits– most personal injury claims are determined through settlements with insurance companies. However, if the defendant lacks adequate insurance, you may be unable to recover total compensation. If the insurance policy doesn’t cover the total losses, you must file a lawsuit to pursue direct compensation from the defendant’s assets.
  • Comparative negligence– your shared fault for the injury can negatively impact your claim’s value. If the defendant proves you were also responsible for the accident, your settlement can be reduced. If you were more than 50% to blame, you might fail to receive any compensation.
  • Cost of litigation– during the litigation process, there are a lot of costs involved. Clerical work, deposing and preparing witnesses, and hiring experts to discuss technical issues increase costs. Cases with more witnesses and many contested scientific questions are more expensive. In such scenarios, the defendant might settle at a higher price to avoid incurring defense costs.
  • Pre-existing injuries or conditions– before the court makes any ruling on your personal injury claim, the defendant’s insurer will want to know whether you had a pre-existing condition or injury before the accident. If you had any previous injuries, the compensation will be impacted. Cases involving a pre-existing condition or injury are challenging to value. Medical documentation is crucial in such scenarios to ensure you get the rightful compensation.

How Do I Increase My Injury Settlement?

Once you file a personal injury claim, recovering the most money is the central part of the process. Therefore, it’s in your best interest to find ways to increase your personal injury settlement. There are several ways you can achieve this:

  • Document and preserve the evidence– the jury decides the fate of your case by assessing the evidence. The more you document and preserve the evidence, the higher the chances of winning the case.
  • Get medical treatment– after the accident, you should get medical treatment immediately, whether you are unsure of the extent of your injuries. If the doctor recommends a treatment plan, you should thoroughly follow it.
  • Consider future damages– it’s vital to take into consideration future recovery when negotiating a settlement. You can include future damages in your claim.
  • Pursue all related expenses– a personal injury lawyer can work with you to explore all damages you have suffered and have it included in your claim. Most common damages include lost income, medical costs, and non-economic damages like physical discomfort and trauma.

Is My Personal Injury Settlement Enough for an Attorney to Take My Case?

Never assume that a personal injury attorney won’t take your case because it falls on average or below-average compensation. Our personal injury attorneys at Flora Templeton Stuart are devoted to helping you win the compensation you deserve no matter how long the case takes and there is a never a fee unless we win your case.

With the help of an accomplished lawyer, you are sure of a team of legal experts fighting for you. They know how to maximize your compensation by assessing factors that can impact your injury settlement. With a well-analyzed case, you can easily be rewarded with the settlement you deserve.

Contact Our Attorneys for Personal Injury Settlements

Flora Stuart at her officeAre you wondering about the value of your personal injury claim and how your case compares to the average injury settlement in Kentucky? At the Flora Templeton Stuart Injury Accident Lawyers, we help accident victims get their rightful compensation. We have 45+ years of experience handling personal injury claims in Kentucky and Tennessee courts. We will build your case and work with you from the beginning to the end. Contact us today or schedule a free consultation so we can help maximize your settlement. We are available 24/7 and travel to our injured clients.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. She is a nationally recognized personal injury lawyer with over 40 years of experience. Her story has been featured on Fox, The New York Times, ABC, Time, and NBC.