What is the average personal injury settlement? The average personal injury settlement varies from case to case depending on the factors involved. Every case is unique, so it can be difficult to estimate how much a case is worth without the specific details involved.
It is important to talk with a South Carolina personal injury lawyer to determine the value of your settlement and secure the maximum amount.
Examples of Personal Injury Settlements
No two personal injury settlements are alike. Rather, they are dependent on the specifics of an individual case and require a skilled lawyer to calculate and secure.
Some case results that highlight personal injury settlement amount examples include:
- $500,000 – wrongful death
- $305,000 – dog bite
- $1,011,747 – multi-vehicle collision
- $250,000 – workers’ comp
Talk with your lawyer about how much you could recover in your case.
The Severity and Extent of Your Injuries and Losses can Impact the Value of Your Settlement
One of the primary factors that can affect the average personal injury settlement is the severity and extent of your injuries. The more severe your injuries, the more medical care you will require.
In some instances, long-term care and treatment may be required, so ongoing expenses must also be taken into account when determining the potential sum of your settlement.
According to the Centers for Disease Control and Prevention (CDC) WISQARS Cost of Injury data, the average cost of medical care alone for unintentional injuries ranges from $5,994 to $44,922.
These numbers can fluctuate depending on what injuries you suffered, how many, and what treatment you require.
Other losses are also considered when assessing your circumstances and the extent of your suffering. In addition to medical expenses, you may have also sustained damage to your vehicle, property, or personal belongings.
Injuries could also limit your ability to earn an income either temporarily or permanently. Each one of these factors influences the potential outcome of your settlement.
Shared Fault has the Potential to Reduce the Amount You Can Recover in a Settlement
Liability plays a big role in personal injury cases, especially since negligence is the underlying cause of these types of accidents. Each party’s contribution to an accident must be evaluated to determine the role they played, and whether or not they are responsible for paying damages for the losses they caused.
In situations where you and another party share fault, you could be facing a reduced settlement.
According to South Carolina Civil Remedies and Procedures §15-38-15, any party who is less than 50% at fault may still recover a settlement, but it will be reduced in proportion to their level of fault.
So if the maximum settlement they could receive for their losses was $100,000, but they were 25% at fault, they would only recover $75,000. Anyone who is more than 50% at fault will be prohibited from receiving damages.
Shared fault, even in small amounts, can be quite costly. When you need to recover as many of your losses as possible, potential liability can hurt your case and your ability to cover all of your expenses and losses.
However, a skilled lawyer can step in to optimize your case, reduce your liability, and maximize your settlement.
Insurance Companies Use Tactics to Pay You a Lower Settlement
The value of your settlement can also be impacted by insurance companies and their tactics. While this is a common source of financial relief after an accident, insurance companies often try to pay you as little as possible.
They may try to delay your claim, blame you for the accident, offer lower compensation compared to the average personal injury settlement, or use technicalities to avoid paying you.
Insurance companies will also inquire about the details of the accident when they process your claim. They will likely ask for a police report and for general information.
However, there are other questions insurance companies ask after an accident that are used to find a reason not to pay you. These questions are best handled by your lawyer and should be directed to them instead.
To protect your settlement, you need to have a personal injury lawyer communicate with the insurance company. Insurance companies will look for any reason not to pay you, and your lawyer can demand that they treat you fairly.
With the insurance company on notice, they know they have limited options and cannot take advantage of you during negotiations.
Recoverable Damages in a Personal Injury Settlement and How They are Calculated
When you have suffered losses because of someone else, receiving a fair settlement is a top priority. Damages typically cover your financial losses and suffering to provide holistic relief to help you rebuild your life.
Your lawyer will begin by assessing what you have lost and will walk you through how a personal injury settlement is determined. They will use this information to negotiate your settlement.
First and foremost, damages are designed to compensate you for your monetary losses. This may include medical expenses, property damage, lost income, or funeral and burial expenses if a fatality occurs. These losses are straightforward and are calculated based on their existing or projected dollar amounts.
While less tangible and more difficult to secure, you may also be able to recover compensation for your pain and suffering. This generally includes emotional and mental anguish, reduced quality of life or enjoyment, or a loss of companionship. The amount of your settlement will be calculated using either a multiplier or a per diem formula.
South Carolina’s Statute of Limitations Can Affect Your Personal Injury Settlement
In order to receive a settlement, you must first file your claim before the statute of limitations expires. According to South Carolina Civil Remedies and Procedures §15-3-530, you have 3 years from the time of the accident or discovery of injury to file and resolve your case.
Talk to your lawyer right away because waiting to take action can result in a weaker case and a smaller personal injury settlement.
Shelly Leeke Law Firm Helps You Secure Maximum Compensation
The team at Shelly Leeke Law Firm is committed to helping you secure the maximum amount of compensation in your personal injury settlement.
We help you identify your recoverable losses, assess what variables may impact the value of your case, and fight to secure the most favorable outcome possible.
Contact our firm today to schedule a free consultation and discuss your options with a lawyer.
