Settlements for personal injury cases vary enormously. Some claims for things like a sprain or whiplash can be relatively minor and don’t attract big payouts, whereas cases like medical negligence claims or traumatic brain injuries are more likely to be awarded a big settlement. The average payout for a personal injury in 2021 was $22,734, which is slightly more than the average settlement of $20,235 in 2020.

Chris Hammons, one of the experienced personal injury lawyers in Oklahoma City, explains that determining the value of a personal injury case can be complex. With the help of skilled personal injury attorneys, you can manage your claim effectively and secure the compensation you deserve.

Here are some key factors that influence settlement amounts in personal injury cases.

Types of Damages Available in Personal Injury Claims

You can claim two main categories of damages in a personal injury lawsuit – economic and non-economic damages.

Economic Damages

These cover quantifiable financial losses due to the injury, such as:

• Medical expenses – This includes ambulance fees, hospital bills, costs of surgery, physical therapy, prescription medications, assistive devices like wheelchairs, and more. The cost of hospital stays can vary per state, with an overnight stay costing around $11,700.
• Lost wages – If the injury prevented you from working for a period of time, calculate the wages you lost out on. Provide pay stubs and tax returns as evidence.
• Loss of future earning capacity – If the injury critically impacted your ability to work long-term, estimate the future earnings you lose out on. Vocational expert testimony helps substantiate the claims.

Non-Economic Damages

These damages cover subjective losses that are harder to quantify:

• Pain and suffering – Compensation for any physical pain, discomfort, or loss of enjoyment of life due to the injury. The more severe and lasting the impacts, the higher the damages.
• Emotional distress – Compensation for mental anguish, depression, anxiety, PTSD, or other emotional trauma caused by the accident and injuries. Globally, around 22% of road traffic accident survivors report symptoms of PTSD.
• Loss of consortium – Compensation if the injury negatively impacted marital relations or family life.

Severity of Injuries in a Personal Injury Case

More serious injuries warrant higher compensation. Permanent disabilities, traumatic brain injuries, paralysis, or other critical injuries can result in multi-million dollar settlements in some cases. Disfiguring scars or burns also increase settlement amounts.

Liability Apportionment

Your compensation can get reduced if you were deemed partially at-fault based on circumstances of the accident. The settlement amount is reduced by your percentage of fault.

Location of Accident

Verdicts and settlement amounts vary across states, cities, and even courts. Cases tried in more conservative rural areas often result in smaller numbers. Urban areas with liberal juries generally award higher damages.

Type of Defendant

Personal injury cases against large corporations and insurance companies typically result in higher settlements than cases against individuals or small businesses, especially if there is ample evidence of negligence on the defendant’s part.

Reputation of the Personal Injury Attorneys

An experienced personal injury attorney can maximize your compensation by determining liability, estimating full current and future damages, negotiating aggressively with insurers, and taking the case to trial if needed. Hiring a top attorney for your specific type of case is key.

The value of a personal injury case depends on many unique factors. Keeping detailed records and working with a reputable personal injury lawyer gives you the best shot at receiving fair compensation for your injuries and losses.