There is no way to calculate an average personal injury settlement because of the many factors that play into how much a case might be worth. Even in instances where the victims suffered injuries in a similar way, the type and severity of their injuries are likely to differ.
If you work with a personal injury lawyer from our team, we will help you understand the range where a fair settlement will likely fall based on the unique facts of your accident, injury, and related expenses.
Factors That Can Affect a Personal Injury Accident Settlement Amount
The primary reason why there is no such thing as an “average” settlement is that each case has numerous factors that make it unique. You might suffer injuries in the same type of accident – or even the same incident – but your injuries are not the same. Or you have the same injuries, but they occurred in two different ways.
Some of the factors that could affect your personal injury settlement amount include:
The Type of Injuries You Suffered
The parts of your body injured and how they were hurt can dramatically affect your case in several ways. A broken arm, for example, is likely going to cost less to stabilize and treat than a broken neck. In general, injuries to the head, neck, and spinal cord, as well as burns, amputations, and other life-threatening or disabling injuries are worth more.
The Severity of Your Injuries
Serious, life-threatening injuries are also likely to be worth more than relatively minor injuries. A simple hairline fracture of the arm that requires casting will not cost as much in medical bills or physical pain as a compound fracture or crush injury of the same arm.
Your Necessary Treatment and Future Care Needs
The cost of current and future medical treatment and related costs makes up a significant portion of most personal injury payouts. If you required surgery, hospitalization, inpatient rehabilitation, and in-home nursing support, your case will likely be worth more than someone who only needed outpatient treatment.
Your Income and How Long You’ve Missed Work
You can recover your lost income due to the accident, so how much you normally make matters. Those who are out of work longer and have higher wages generally recover more.
Your Additional Expenses
In some cases, other related expenses are significant. Examples include the replacement of a totaled vehicle or the cost of having someone provide in-home care if the victim cannot stay home alone during recuperation.
The Strength of Your Case
You can likely demand more compensation and negotiate a better payout if you have a strong case against the at-fault party. You may also have a stronger case if they were intentional or reckless with their actions instead of careless.
Your Recoverable Damages Depend on the Expenses and Losses You Incurred
A fair and just settlement in a personal injury case will provide financial recovery for the damages you incurred, including both economic and non-economic losses. Some common examples include:
- Current medical care expenses
- Future treatment and care costs
- Lost income and future reduced earnings
- Property damages
- Out-of-pocket costs
- Physical pain and suffering and emotional distress
- Wrongful death damages for families who lost immediate family members
How Can You Know What a Fair Settlement Looks Like in a Personal Injury Case?
Since you cannot look to other cases to determine how much your personal injury case might be worth, your best option is to work with an attorney who will:
- Investigate the incident or accident
- Identify evidence of your recoverable damages
- Calculate a just settlement range for your claim based on the evidence
- Demand a fair payout from the insurer representing the liable party
- Negotiate with the insurance representative
- Advise you only to accept a settlement that compensates you appropriately
If necessary, our team can file a personal injury lawsuit based on your accident and injuries. This may occur if you are running out of time to negotiate a fair agreement or if the insurer refuses to provide a just payout.
A Personal Injury Attorney Can Represent You with no Upfront Costs
Our injury lawyers in Louisiana represent victims based on contingency. This means clients do not have to pay us upfront. We receive a portion of the recovered compensation instead.
We also provide complimentary consultations. However, you must act quickly to enlist the help of an attorney. Under CC §3492, you likely have a year or less to take action.
Speak with Our Attorneys About Your Case for Free Today
You can reach the Laborde Earles Injury Lawyers team today. We represent victims who suffered harm because of another party’s negligence throughout the state of Louisiana. We will review your legal options for you today for free.