An Essential Guide on the Average Settlement Amount in a Personal Injury Case

Personal injury cases can often take a while to be settled, but in New York, petitioners must clear additional hurdles before receiving compensation.

When injured, you’ll probably wonder how much settlement you can expect. But as an attorney will tell you, many factors determine victims’ settlement.

Every case is unique, as is the settlement that comes with it. In addition, the state’s comparative fault laws means victims don’t get full compensation if they’re partially to blame for the accident.

In this article, you’ll learn how the average settlement amount is calculated.

Most personal injury victims receive an out-of-court settlement after filing a claim. The goal is to compensate you for the injuries you have sustained. Also, trials are time-consuming and expensive, making most people settle out of court.

New York’s comparative fault laws can significantly reduce your settlement. If you reside in Suffolk and have been injured, consult Suffolk County personal injury lawyers to process your restitution claims.

Average Settlement Amount

Since these attorneys understand New York laws, they’ll know how to build a case to help you get a maximum settlement. With that said a few things will affect your average settlement amount.

Type and Severity of Injury

A severe injury will result in a higher settlement than a minor injury. For instance, if a car accident has left you permanently disabled, you’re entitled to a higher settlement than if you only got minor bruises and sprains.

That’s because the medical expenses, pain, and suffering from severe injuries will be higher.

Treatment and Length of Recovery

Another factor determining the average settlement amount in a personal injury case is the medical bills and the time it takes to recover.

A severe injury comes with higher medical expenses and a lengthier recovery time. For instance, if you have broken your limbs and need ongoing medical care, those expenses will be factored in in your case.

Also, if you took time off work to recover, leading to lost wages, your attorney will account for that.

The Liable Party

Liability is an important factor when it comes to personal injury cases. New York being a comparative negligence state means your settlement is reduced based on the amount of fault you contributed.

For instance, if a drunk driver hits you, but it also happens that you were speeding, then you’re partly to blame. So if the jury decides you’re 15% at fault and your settlement is 100,000, you’ll get 85% of that amount, which is 85,000.

Pain, Suffering, and Emotional Stress

While measuring these things in a personal injury case is hard, they’ll contribute to your settlement.

An injury that leaves you permanently disabled means you’ll have lifelong suffering. As such, you’ll get a higher settlement than someone with a temporary disability.

However, mental health professionals and medical physicians will need proof that you’re experiencing emotional stress from the injuries.

Negotiating Settlement Offers

Insurance companies have been known to be unfair with their first settlement offer. That’s why personal injury attorneys advise their clients not to accept the first settlement offer but rather negotiate.

But while negotiating can lead to a higher settlement, this isn’t true in all cases. Sometimes, the lawyer will advise you to accept the first offer.

That said, negotiating your settlement offer is among the most effective strategies to get more money.

Recent statistics have found that about 95% of personal injury cases are settled before going to trial. Those that go to court take as long as a year before settling.

If you’re considering filing a lawsuit, you should get a personal injury lawyer with experience negotiating fair settlements.

The attorney will improve your chances of a good outcome and increase your chances of securing a higher settlement. With their expertise, they’ll collect evidence and get witnesses to support your case.

Many factors contribute to the average settlement amount in a personal injury case. Hiring a personal injury attorney with experience to negotiate for you is your best bet in securing a fair settlement amount.