JUSTICENTER Personal Injury Lawyers | April 4, 2025 | Personal Injury
During a personal injury case, one of the things you might wonder about is the settlement amount you might recover. The answer to this question is not straightforward, as the amount a personal injury case settles for depends on various factors.
While each case is unique, knowing how much most personal injury cases settle for can set realistic expectations. Knowing the key elements that influence settlement amounts can help you better gauge what to expect.
The Severity of Your Injury
The most significant factor influencing the settlement amount in a personal injury case is the severity of your injury. If your injury is minor and requires only a small amount of medical treatment, the settlement will likely be on the lower end of the spectrum. More serious injuries, such as permanent disabilities, long-term treatments, or lost function, often lead to bigger settlements.
Medical Expenses and Future Costs
A key component of any personal injury settlement is medical expenses. Settlements typically cover both past and future medical expenses related to the injury. If the injury requires long-term care, like physical therapy, the settlement should cover these costs.
Insurance companies consider these costs when settling. This helps ensure that victims get the financial support they need for current and future medical care.
Lost Wages and Earning Capacity
A settlement in a personal injury case will often include compensation for lost wages during the time the victim was unable to work. If the injury affects a person’s future earnings, like ending a career, the settlement may cover lost earning capacity.
Liability and Insurance Coverage
If liability is clear and the defendant is obviously at fault, it is more likely that a higher settlement will be reached. Conversely, if there is some shared liability or dispute about who is at fault, the settlement amount might be lower.
Insurance coverage is another factor. The responsible party’s insurance policy limits often determine the maximum settlement available.
Legal Fees and Negotiation
Attorneys typically work on a contingency fee basis, meaning they take a percentage of the final settlement. This percentage can vary but typically ranges between 30% and 40%.
It is also important to note that most personal injury cases don’t go to trial. If both parties agree on a settlement amount during negotiations, the case can be resolved without the need for a lengthy court battle.
Type of Accident and Severity of Fault
The type of accident that caused the injury also impacts the settlement amount. For example, an accident involving a large commercial truck may result in higher settlements due to the serious nature of truck accidents and the significant insurance coverage typically involved. On the other hand, accidents that occur due to minor incidents, such as a slip-and-fall or a car fender-bender, may result in smaller settlements.
Your level of fault, if any, also matters. In pure comparative fault states like California, if you are partially at fault for the accident, your settlement may be reduced by your percentage of fault. This means if you were deemed 20% responsible for an accident, your settlement would be reduced by 20%.
Emotional Distress and Pain and Suffering
In addition to the tangible financial losses, settlements often include compensation for emotional distress, pain, and suffering. This is more subjective and varies depending on the nature of the injury, the impact it has on the victim’s life, and the severity of the pain.
Some personal injury cases may involve significant pain and suffering, particularly if the injury leads to long-term physical discomfort, anxiety, depression, or a reduced quality of life.
Contact the Encino Personal Injury Lawyers of JUSTICENTER Personal Injury Lawyers for Help Today
Personal injury settlements vary widely depending on the specifics of your case, but understanding the factors involved can help you manage your expectations and navigate the legal process more effectively. Get in touch with a personal injury lawyer today for a free consultation.
Please contact an experienced personal injury lawyer at JUSTICENTER Personal Injury Lawyers for a free initial consultation today at (833) 852-3600.
Our main office is in Encino, CA, but we serve all through Los Angeles County.
JUSTICENTER Personal Injury Lawyers
16633 Ventura Blvd suite 1011,
Encino, CA 91436
