661-327-9661
661-327-9661
If you are injured in an accident and considering a personal injury lawsuit, there is usually one “first” question. How do I know what my injury case is worth? How much money might I get? What is the average amount that someone in a personal injury suit gets? Well, the answer is simple.
There is none.
Like most things with the law, a personal injury claim’s outcome relies heavily on the circumstances that created it. Most personal injury cases, especially those based on negligence, have so many different factors that stating a random number would be inappropriate Instead, it is better to look at the different aspects of these cases that can affect the average personal injury settlement amount.
Injury Type and Severity
This factor seems logical. The more serious a claimant’s injuries are, the more they are likely to get in a settlement. After all, the medical bills for a broken back are going to be much higher than the bills for a cut finger. The more medical care you need due to the accident, the more compensation you are likely to receive in a settlement offer.
There is another issue to consider as well. If your injuries will require future treatment like physical therapy or surgery, you are certainly entitled to ask for a reasonable amount to cover these expenses. The issue here tends to be how do you come up with and prove those future costs. Sometimes the best way is for the plaintiff to hire an expert for a professional analysis of your case. This is why an injured person should seek the help of an experienced personal injury attorney before considering or accepting any settlement.
Personal Injury Damage Caps
Another issue that may crop up is the question of pain and suffering damages. In addition to proving the damages, a claimant should consider the laws in their state. Every state has a different approach on how to calculate pain and suffering, and several place a concrete limit on non-economic damages.
Non-economic damages fall into a more subjective damage category than economic damages and include psychological and emotional pain, loss of enjoyment of life or certain activities, and pain and suffering. Eleven states cap non-economic damages for personal injury claims, and six states limit both economic and non-economic compensation.
This can affect how you approach settlement negotiation. If the defendant’s insurance or legal team offers an amount close to a potential damage cap, you may be advised to accept it. On the other hand, if you receive a low-ball offer in a state with higher or no caps, harder negotiations or even trial may be the better choice.
Negotiation and the Importance of Having an Attorney
No matter what situation or state you are in, one of biggest difference makers in a personal injury settlement is proper legal help. Statistics suggest that those injured in auto accidents that hire attorneys receive around three and a half times more in personal injury settlement compensation than victims who don’t. Additionally, the numbers show that in 85% of injury claims resolved by settlement, the claimant had hired an attorney.
A good personal injury lawyer knows more than just the law. They also know how to properly calculate your damages and what evidence you need to back up your claim. In addition, they recognize the tactics and tricks insurance companies use to settle claims quickly and cheaply and will do their best to make sure you’re not being cheated. And lastly, a good personal injury lawyer’s job is to be your advocate and adviser throughout the process, including negotiation, settlement, and even trial if necessary.
A good personal injury lawyer knows more than just the law. They also know how to properly calculate your damages and what evidence you need to back up your claim. In addition, they recognize the tactics and tricks insurance companies use to settle claims quickly and cheaply and will do their best to make sure you’re not being cheated. And lastly, a good personal injury lawyer’s job is to be your advocate and adviser throughout the process, including negotiation, settlement, and even trial if necessary.
Injured in an Accident? Call The Law Offices of Young Wooldridge, LLP Today!
If you are wondering what’s the possible value of my personal injury settlement, after an accident, it’s time to ask the professionals. When you are injured in a car wreck or other accident due to the negligent actions of another, the team at The Law Offices of Young Wooldridge, LLP is here to help you. Our firm is a Bakersfield institution, and we have served its residents and Kern county for over 80 years. We offer a free consultation for personal injury cases, so call us at 661-327-9661 or fill out our online contact form to schedule an appointment with a member of our team today. Let us fight for your rights and get you on the road to physical and financial recovery.
