The median payout for a personal injury lawsuit is approximately $52,900. For most victims with moderate injuries, like broken bones, sprains, and whiplash, the payout ranges from $3,000 to $10,000. However, extreme injury and mental suffering has helped some victims earn millions.
Higher settlements may skew the typical payout, making the average much larger than it might be for many personal injury victims. But every case is different. There is no exact payment for any one injury type, as the court may need to examine many other mitigating factors.
An attorney meets her injured client at home to discuss a settlement agreement. You could make more than the average personal injury settlement if you sustained severe injuries.
What Factors Determine a Personal Injury Payout?
The settlement you can expect from your case will depend on the losses you suffered. There are three main categories of damages to consider before a personal injury case settles:
- Physical suffering
- Mental anguish
- Financial hardships
If you follow the protocol suggested by many personal injury lawyers, there may be a paper trail to detail the injuries you suffered. Any noneconomic suffering, such as post-traumatic stress disorder (PTSD), may be more difficult for the courts to assign a value.
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What Types of Personal Injury Cases Pay the Most?
No specific injury case is guaranteed to pay out more than any other. Injuries are wholly unique to the individual victim. Outside factors may also affect their injuries, including the victim’s physical build or weather conditions during the time of the accident.
However, as a typical rule of thumb, the more severe the injury is, the higher its payout may be. Cases with permanent or significant losses may be worth more. Higher settlements may be expected in cases involving:
- Fatal injuries
- Severe injuries requiring years of treatment
- Permanent, incurable disabilities
- Diminished quality of life
Ultimately, any type of accident may be as dangerous as the next under certain circumstances. For example, a slip and fall case may cause a traumatic brain injury (TBI), while a high-speed semi-truck accident may only lead to minor scrapes and bruises.
Personal injury cases are examined on a case-by-case basis to see how much compensation a victim may deserve. If a loved one suffers a fatal injury, our Birmingham wrongful death attorneys can seek compensation on your behalf proportionate to the losses suffered.
Similar Accidents May Result in Different Payouts
Just because a truck accident causing neck and back injuries settles for $490,000, that doesn’t mean you should expect the same outcome for your truck accident. Results may vary, even between similar situations.
For example, if you suffer whiplash from a car accident, but that injury resulted in you also missing two weeks of work, you may receive more than the average personal injury settlement than someone who did not miss any work while suffering from a similar injury.
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What Is a Good Personal Injury Settlement Amount?
A good personal injury settlement will allow you to recover your losses from the accident that injured you. Your payout should reimburse you for:
- Diagnostic testing
- Surgery
- Physical therapy
- Medication
To determine a good personal injury payout amount, review all the details of your case. Total your losses from the accident by adding the cost of your hospital bills and treatment. Speak with a medical expert to estimate the cost of future care you may also need.
Laws that May Reduce Your Personal Injury Settlement
Depending on your case, state laws may reduce your settlement amount. For example, car accidents that happen in fault states are subject to comparative negligence laws. If you are 10% at fault for the accident, your financial win will be reduced by 10%.
Additionally, some states utilize the modified comparative negligence rule. If you are found to be 51% at fault for the accident, you won’t be able to collect any compensation. Teaming up with a personal injury lawyer will help you recover the full settlement you deserve.
For example, Alabama follows a fault-based system with contributory negligence rules. And even if you were partially to blame for your accident on someone else’s property, your slip and fall attorney in Birmingham could still help you collect a portion of compensation based on your percentage of fault.
How Much Will I Get from My Personal Injury Settlement?
The amount you are awarded in your settlement is not the amount you will be paid. There are a few deductions to be aware of:
- Your attorney’s fees. Your attorney will take a percentage of your settlement for their services and other case-related expenses. Typically they will disclose this amount to you before entering into a client-attorney agreement.
- Bills. If you have outstanding bills or debts, your attorneys will use your settlement to pay these obligations before forwarding the rest of your settlement to you.
- Taxes. While most of your settlement is non-taxable income, you may still need to set money aside for the part of your settlement that is taxable. Our team can talk with you about how much you may need to pay your taxes.
Your legal team will be fighting for a settlement that compensates you fairly. This means they will account for these expenses, so your debts can be paid with your settlement. Make sure to keep careful records of your expenses, so your attorneys can accurately calculate your settlement value.
Personal Injury Lawyers May Be Able to Help Your Case
Many accident victims turn to personal injury lawyers for legal guidance. Working with a lawyer can benefit your case in multiple ways. Your lawyer can::
- Ensure your rights are protected
- Gather evidence to prove your case
- Calculate your total losses related to the accident
- File your lawsuit before the statute of limitations expires
- Negotiate a reasonable settlement
Your personal injury lawyer will do everything in their legal power to try to protect your right to compensation. While no lawyer can guarantee you get the average bodily injury settlement, your legal team will work to demonstrate just how severely the accident impacted your life.
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