Legally Reviewed by:

Jonathan Rosenfeld

January 3, 2022

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Personal injury cases will usually end in a settlement. Neither you nor the insurance company want to end up in court in front of a jury.

However, it is vital that you end up with enough money from your personal injury case. The insurance company knows how much your case is worth, and they put the onus on you to ask and fight for what you deserve.

The best way to understand the value of your claim and the average settlement is to speak with a personal injury attorney. At Rosenfeld Injury lawyers, our law firm is standing by and ready to help you.

How a Personal Injury Lawyer Can Help You

Personal injury lawyers know how to handle insurance companies after your personal injury accident. Insurance companies are not your friend in any way.

The only thing that matters to them is how much money they can save off of the fair value of your claim.

Once you submit your claim to the insurance adjuster, they will put it through the insurance company’s system.

An insurance company has sophisticated programs or other automated technology that can come up with the value of your claim very quickly.

Chances are that they know the exact value of personal injury claims practically down to the dollar.

Damages in Personal Injury Claims

In order to know how much you should ask for in an accident settlement, it is important to understand the individual elements of personal injury damages.

You are entitled to be put in the same position as if the accident never happened. Since your body and health cannot be restored to what it was before you may have suffered serious injuries, the insurance company will use money to substitute.

Here is what you can expect:

Lost wages – you can be paid for all the lost income that suffered, including time that you missed from work and reduction in your earnings capacity.

Pain and suffering damages – the defendant must compensate you for your experience since the accident and what you will endure in the future. This includes physical and psychological suffering.

Medical expenses – all of your medical bills should be covered by your personal injury settlement. This includes hospital stays, surgeries, prescriptions, medical equipment, rehabilitation costs, medical equipment and all doctors visits. Medical treatment will often make up the bulk of the average settlement.

What Is the Average Personal Injury Settlement?

This is a question that our law firm is almost always asked when we are requested to give legal advice. People naturally want to know how much money they can get after their car accident or any other personal injury.

The truth is that we cannot really give you an average settlement amount. Everything depends on your own individual case.

Two people could suffer the same exact injury and have completely different damages. It all depends on their own lives and situations.

Of course, severe injuries will lead to higher average settlements.

Always Get Legal Representation

When you are trying to figure out how much to ask for in a settlement agreement, the first thing that you should do is check attorney listings and get a lawyer.

Since you are on this page, you can always call our law firm for the legal representation that you need.

The reason why you must have an attorney is to know how much your case is worth. Without knowing the value, you are at risk of settling your case for too little.

Personal injury lawyers will know exactly how much your case is worth, just like the insurance provider would.

A Settlement Amount Partly Depends on You

As far as the settlement process is concerned, in order to get you must ask for it. Insurance companies are not in the business of giving money, even though their job is to pay claims.

You need to start your negotiation with the right amount. While the the insurance company is aiming low, you need to aim high.

This is just how negotiations go. Eventually, you would probably meet somewhere in the middle, but you need to stake your claim to the money that you are owed.

Consider Whether There Are Third Parties Involved

In some cases, you may have suffered extensive damages after the injury occurs. However, the size of the claim could be capped by insurance limits.

You cannot always necessarily secure the compensation that you would otherwise deserve. While the defendant is personally liable for anything over the insurance limits, they often do not have the money to pay the verdict.

If there are third parties who are involved, it gives you an extra insurance policy against which to recover. You can ask for more money knowing that there is more coverage to pay damages.

The Settlement Process in Your Personal Injury Case

Before you agree to a settlement, you may be subjected to a lengthy negotiation. The insurance company will make an opening settlement attempt.

However, the insurance company’s first offer will likely be for far less than you deserve. They are doing a number of things with this opening offer.

They are trying to see if you are desperate and will take whatever they give you. Their adjuster and defense attorney will try to make it hard on you.

You Need to Negotiate Hard for a Personal Injury Claim

Your personal injury lawyer is going to have some back and forth with the insurance provider during the course of your claim.

Do not be afraid to say no to an offer that does not fairly pay you.

While rejecting a settlement offer takes it off the table, you can always come back and discuss those figures later on if you decide that it is enough money.

Your personal injury settlement often depends on how hard you fight.

Don’t Be Fixated on the Average Personal Injury Settlement

You should not worry so much about how much the average plaintiff or claimant gets in a case. They are not you, and you are not them.

You have your own damages to pay for, and if the average amount is far less than you deserve, your settlement would have nothing to do with a mean or a median.

You should worry more about your facts and your damages to figure out what you should ask for in your case as opposed to what other people got in their cases.

You never know their facts and their own situation, but you do know your own damages.

How Many Personal Injury Cases End

In the end, your personal injury claim will likely settle. You and the insurance company will reach an accident settlement that you will sign, so you can receive your check.

Very few personal injury claims end up going all the way to court. Even if it seems that things are hopeless, you will probably end up on the same page at some point.

Worry About Your Legal Rights Instead of the Insurance Company

When you are trying to figure out how much to ask for in your settlement, do not worry about the insurance company saying no to your claim.

Whether they accept it or not, you have a legal right to compensation for your injuries.

If you will not get it in a claim, you always have the ability to take your case to court, and the jury would award you damages. It does not matter how did the injury occur.

So long as someone else was at fault, you have the right to compensation that does not depend on the whims of the insurance company.

You are trying to strike a balance between getting the money that you deserve and not having to wait too long to reach a settlement.

You can always ask for the money in your claim and lower your demand during the settlement negotiations.

You Have One Chance for a Personal Injury Settlement

Just be very careful when you settle your injury claims. When you accept the check, it constitutes acceptance of all of the terms of the settlement agreement, including releasing the insurance company from any further liability in your case.

In other words, you only get one chance to engage in the settlement process, and you cannot come back and get more money.

A personal injury lawyer will look out for your interests and make sure that you understand all of your legal options.

Contact an Experienced Personal Injury Attorney

For help with your personal injury lawsuit, contact the attorneys at Rosenfeld Injury Lawyers for a free consultation.

Our legal team is waiting to assist you when you have suffered financial losses in an accident with your free evaluation. We provide quality legal representation, and it will not cost you anything out of your own pocket.

Our experienced attorneys know how to value your claim as you fight for financial compensation. Simply call us for a free consultation, or go online to enter your contact information to discuss your personal injury claim.

You have a confidential relationship with your personal injury lawyer. As soon as we form an attorney client relationship, we will go right to work for you.

Free Consultation (888) 424-5757