As an injury attorney, it would be great to be able to tell a client upfront how much money they can expect to get from a personal injury settlement. Unfortunately, there isn’t a crystal ball to give out that information. Instead, we can only give estimates based on past case results and experience.
According to a study completed by Martindale-Nolo, personal injury settlements and court awards typically range from $3,000 to $75,000, with the average being $52,900. This, however, is only an average, and no lawyer can predict in advance the outcome of a settlement. In fact, clients should proceed with caution with any attorney who claims otherwise. Every personal injury case is different, even if they appear to be alike, and many cases may fall below or well above the average settlement amount.
What factors will affect my personal injury settlement amount?
Although it cannot be determined upfront how much your case will settle for, there are certain factors to consider that will affect how much money you may receive. Below is what an injury attorney will consider when determining how much they think your case is worth.
- WHO WAS AT FAULT IN THE ACCIDENT – If the accident was clearly the fault of the other driver then the value of your case is likely worth more. If, however, you were found to be partly at fault then you may still be able to recover for your injuries, but you may not be able to recover as much.
- THE SEVERITY OF THE ACCIDENT – How bad was the wreck? Were you rear-ended or t-boned? Was the damage to your vehicle minor or was it deemed a total loss? Your attorney understands that the damage to your car should not dictate the value of your injury case, but insurance companies don’t always see it that way. They often compare your vehicle’s damage to your injuries to try to justify how much money they are willing to offer.
- MEDICAL TREATMENT – How severe were your injuries compared to the type and amount of medical treatment you received. Insurance companies think some injuries are worth more than others and will compensate you likewise. For example, an insurance company will likely place a higher dollar amount on your claim if you have an injury, such as a broken bone, that a medical test, such as an x-ray, can confirm. If, however, you suffer muscle strains, which are harder to quantify, then the insurance company may try to reduce how much they will give you.
- THE LIKEABILITY FACTOR OF THE INJURED PERSON – There is always the possibility that your case will not settle, and a lawsuit will have to be filed. Therefore, insurance companies always consider how a jury might react to the claimant. If they think a jury will be sympathetic toward the plaintiff, they may be more inclined to settle for a more agreeable amount rather than having the case go to trial.
- WITNESSES– Credible witnesses who can corroborate how an accident happened will almost always help an injury case.
- THE INSURANCE COMPANY – Some insurance companies are more reasonable and easier to work with and negotiate with than others.
- MEDICAL REIMBURSEMENT ISSUES – While medical reimbursement should not affect your overall settlement amount, it may affect how much money you take home with you from your settlement. A good, experienced injury attorney will work with their client to try to get reimbursement amounts reduced in order to maximize the amount of money you receive.
Macon Injury and Accident Attorneys
If you’ve been injured, the attorneys at Gautreaux Law have the experience it takes to get you the money you deserve. Contact us today for a free consultation. Call 478-238-9758 or toll free at 888-876-6935.