What is the average payout for a personal injury claim?
You’ve been hurt in a car crash with a careless driver and want compensation but have no idea how much your injuries are worth. Personal injury claims, whether settled out of court or following a trial, can have widely different outcomes, with payouts ranging from a few hundred to several million dollars. While there is no way to accurately predict a settlement payout, the role of your personal injury lawyer is to ensure that the damage award reflects the full extent of the economic and non-economic losses that have stemmed from the accident.
Assessing an average payout for your injury claim
An experienced attorney will analyze past court decisions to aid in valuing your injury case. By looking at similar cases in your jurisdiction with parallel injuries and losses, your lawyer can formulate an average estimate for your personal injury claim — if it were to go to trial. Keep in mind that in California less than 5 percent of all personal injury cases end up in a court room, as the vast majority settle beforehand.
There is no one-size-fits-all calculator for estimating personal injury payouts, and there are numerous variables at play. The easiest way to ensure you have a thorough understanding of how damages are tallied in personal injury claims is by seeking counsel from a reputable Los Angeles personal injury lawyer. Because physical injuries vary so tremendously in terms of severity and life-long impact, the amount of financial reparations will also vary.
Factors that impact personal injury settlement amounts
At Ellis Law, we have procured settlements for truck and car accident claims from $350,000 to more than $2 million dollars. These results are not indicative of what your case is worth but speak to the importance of having sound legal representation. A good attorney will devise the best strategy for recovering maximum compensation in your claim and evaluate whether the defendant’s offer is fair and reasonable.
You may think of your “injury” as a broken bone, a herniated disc or other physical ailment. However, your attorney will look at how your injury has impacted your ability to work, your relationship with your family and loved ones, your overall health and personal life in both the short and long-term.
Some injuries, like concussions and whiplash, take longer than others to be fully diagnosed, which can delay the process of estimating the value of your claim.
When calculating damages, our attorneys will take the following into account:
- Your age at the time of the accident
- The type and severity of your injuries
- The length of time for recovery
- If the injury caused permanent damage
- Cost all medical treatments
- Amount of lost income during time off from work
- How the injury has impacted your lifestyle
- If the injury has prevented you from returning to work
- Emotional and psychological distress from the accident
- Out-of-pocket costs to pay for a rental car, transportation to and from doctor’s appointments and other expenses directly related to your accident
- Cost of necessary medical equipment or physical rehabilitation
- Loss of enjoyment of life
- Hired caregivers and household assistance
- Loss of consortium
Each of these factors are carefully evaluated when assigning a dollar figure to your case. And while you may be entitled to damages under California law, it is no easy task without the knowledge of established Los Angeles car accident attorneys.
Other variables that affect monetary awards
California’s “comparative negligence” laws allow plaintiffs to recover damages in personal injury cases even if they are partly at fault for the accident. In cases like these, the settlement or legal recovery is reduced in accordance to the degree of relative negligence. A defendant who is only 60 percent at fault for contributing to a crash will only be held accountable for 60 percent of the plaintiff’s award.
The quality and reputation of your lawyer is of utmost importance. If your legal representative is an accomplished trial attorney and threatens to take the case to court, you have a much stronger chance of getting your settlement demands met. If the accident resulted in permanent disfigurement or catastrophic injury requiring future surgeries or ongoing medical care, the value of your claim will be significantly higher.
Schedule your free case review in Los Angeles
Because of the unique characteristics of each personal injury case, it is challenging to predict a payout amount with real accuracy. At Ellis Law, honest communication with our clients is always paramount. After a thorough case evaluation, we can usually provide an informed opinion on the rough value of your claim.
If you’ve been injured and need professional legal guidance, Ellis Law is renowned for first-rate customer service and solid results. Find out what separates a great personal injury attorney from a good one by reaching out for a free consultation today. e 6 Colorful A