How Much Can I Get If I File A Personal Injury Claim?

Understand how your case may proceed and what you can expect to receive! 

If you were injured in an accident that wasn’t your fault (a car accident, a fall, etc.,) you’re entitled to legally seek restitution. There are laws and policies in place to protect accident victims from severe debt that comes from medical bills, emotional or mental pain, lost wages, and more, and you shouldn’t suffer because of someone else’s mistake without compensation!

You may be curious about what they payout would be for your personal injury claim before you pursue litigation. At The Florida Law Group, we know we are skilled at getting maximum compensation for our clients because our track record proves it, and we use the phrase often. 

But what exactly amount is maximum compensation? 

The tricky part about personal injury cases is that the amount paid to the plaintiff varies widely. Often, personal injury cases are confidential, which makes it even harder to predict the monetary outcome. You can find averages, but no one can give you an estimate that’s even close to accurate without knowing the specific details of your case (which is why we offer free case evaluations). 

However, seeing data from other personal injury cases, as well as understanding certain factors that influence the success of a personal injury case, can give you a better idea of how successful your case may be in getting you fair financial compensation. 

The Data at a Glance & What it Means for Your Case

Martindale-Nolo Research, a joint venture of three top legal brands, studies real-world cases in an “effort to educate today’s legal consumer”. They performed a personal injury study in 2017 where they surveyed readers who had personal injury cases and who had researched hiring a lawyer.

According to their findings, the average award/settlement for these readers was $52,900. 66% of these fell anywhere in between $3,0000 and $75,000 (a wide range – confirmation that every case is unique and a case evaluation is needed to provide you with a better estimate). If your case is fairly straightforward, though, you can expect an amount somewhere in that range. 

The likelihood that you will receive some sort of payout is high; less than 30% of participants ended up empty-handed after filing a personal injury claim. 

Less than 5% of cases actually went to trial, which may surprise you if you are not familiar with the legal system. More often, insurance companies settle out-of-court with the plaintiff. This is advantageous to all sides. Juries are unpredictable, the cost of a trial is expensive, and trials and appeals can drag on for years. Many times, you have a better chance of getting more money from a settlement than you would from a trial, although if the insurance company refuses to settle fairly, it’s necessary to take the case to court and fight for what you deserve. 

Factors that influence compensation

Just because payouts vary widely doesn’t mean that there are not clear patterns that indicate what insurance companies are willing to pay. Knowing the variables can help you predict how high your settlement might be! 

Legal representation might very well be the deciding factor when it comes to your case’s success. If you’re wondering whether it would be better to just handle the matter on your own, consider the fact that even when legal fees were factored in, participants in the study that worked with a PI lawyer received payouts three times greater than those participants who were unrepresented. And 9/10 of participants who had legal representation received some type of settlement/award, while only 5/10 participants who did not have legal representation were able to obtain monetary restitution. 

This just makes sense – lawyers go to school for years to learn how to build solid cases, negotiate with insurance companies, and navigate the legal system. You have a much better chance of getting a higher settlement with an experienced attorney than you do if you try to do it yourself! 

The nature of your injuries is probably the next most influential determinant of how much compensation you receive. The more severe your injuries, the greater your medical expenses, lost income, and pain and suffering will be, especially if an accident leaves you with a permanent disability or condition, or you require months/years of treatment/therapy. Your lawyer can make a stronger case for you if you experience serious medical trauma. If the accident only results in a mild injury, though, you may still get a settlement, but it will be for a lesser (“token”) amount because an argument cannot be made for extensive lost wages or for pain and suffering. 

Threatening a personal injury lawsuit is another factor that can affect the total amount.  Insurance companies are adverse to the ideal of a trial, and if they believe you are serious about taking them to court, they may improve their initial settlement offer. If you negotiate your offer, you are more likely to get a higher payout than if you accepted their initial offer. Participants in the Nolo study who threatened a lawsuit received almost two times as much ($45.5K vs $23K), and those who negotiated received around $30,000 more than those who settled immediately. 

The nature of the accident and the defendant’s insurance policy matters as well when it comes to payouts. If you were a passenger in a car, for example, and the other passengers are also making PI claims, the insurance company will factor the other victims into the settlement, and you will get less. Even if you are the only plaintiff, they won’t offer settlements above the defendant’s policy limits; even if the court makes the defendant sell their assets, the settlement may still be much less than needed to cover damages. 

The liability of the defendant is something that could give you a better indication of your settlement amount. If there is ample evidence to prove the defendant’s negligence, both parties may reach a settlement faster. 

Nolo actually has a personal injury settlement value calculator that you may find helpful if you are just curious. However, it’s important to remember that this is not necessarily a good analysis of your case, even though it is more specific to you. Only a legal expert can help you estimate your settlement and explain your options. And the credibility of a personal injury case decreases over time; don’t wait to act! 

You are likely entitled to far more than you may realize in damages. Speak to a lawyer who specializes in personal injury before you speak with the insurance company so you can understand the best course of legal action to take! 

The Florida Law Group has over 100 years of collective experience working personal injury cases in the Tampa Bay Area. We’re a nationally acclaimed team that has been featured in the New York Times, Tampa Bay Times, Tampa Tribune, Wall Street Journal, 20/20, 48 Hours, ABC, and the CBS Evening News. We made the lists of the Best Lawyers in America®, The National Trial Lawyers Top 100, and we are proud members of the Multi-Million Dollar Advocates Forum® and the National Association of Distinguished Counsel. Our lead attorney, Chris Limberopoulos, is a Board Certified Civil Trial Specialist, something only 1% of lawyers in the state of Florida can claim. We’ve recovered millions for our clients, and we fight for you to get what you deserve. Contact us today for a free case evaluation!