Baxley Maniscalco Attorneys At Law
If you've been injured in an accident, one of your first questions is likely, how much should I be paid for my personal injury settlement?
While there is a wide range of settlement values between cases, there are statistics available to help you get a feel for the average personal injury settlement value in Alabama and Georgia.
For a more specific estimate, call the experienced injury attorneys at Baxley Maniscalco today for a free case evaluation and to discuss the circumstances of your specific personal injury and situation.
What Is the Average Personal Injury Case Worth?
The average payout for a personal injury case is typically around $52,900.00.
The average settlement or court award for a personal injury case typically ranges from $3,000 to $75,000.
The likelihood of payout is approximately 70%.
Typical Personal Injury Settlements
Range of Compensation in Personal Injury Cases
Less than one third (30%) of personal injury claims result in no compensation at all. Of the individuals who were paid a settlement or received an award after trial, thirty-seven percent recovered between $3,000 and $10,000.
Twenty-one percent of injured claimants recovered between $10,000 and $25,000. Ten percent recovered between $25,000 and $75,000 and another sixteen percent were paid more than $75,000. The remaining 16% received less than $3,000.
What Affects the Value of My Personal Injury Claim?
As you know, most people will fall between the very high and very low end of the average personal injury settlement range.
We’ve all heard about people getting accident settlements that are millions of dollars. These cases usually involve unique circumstances such as a catastrophic injury, punitive damages, or some other extraordinary harm or damages.
Experienced injury attorneys can help you evaluate your claim and make a good prediction of what your case may be worth, based on your unique situation.
How Many Personal Injury Cases Go to Trial?
The vast majority of payouts in personal injury claims are the result of an out-of court settlement rather than a trial.
Only 4% of individuals with completed cases went to trial.
How Does Hiring a Lawyer Affect the Value of My Personal Injury Claim?
On average, being represented by a personal injury lawyer resulted in an average settlement or award that was $60,000 higher than that of an unrepresented claimant.
The average value of a claim when an individual was represented by a personal injury attorney was $77,600, while the average claimant without a lawyer received around $17,600. Even after deducting legal fees charged by the attorneys, the average person walked away with about three times as much money in their pocket as their unrepresented counterparts.
How Do You Determine the Value of a Personal Injury Settlement?
Don’t just assume that you have the necessary tools to evaluate your injury claim on your own.
Many individuals are unaware of some or all of the components that factor into evaluating a personal injury claim. The total value of a personal injury settlement is made up of parts that include your economic damages, such as lost wages and medical bills, pain and suffering, as well as punitive damages.
Many people make the mistake of valuing their personal injury claims off the total amount of their medical bills, and that can be a serious error.
Leaving out any one of the three components listed above can drastically reduce the settlement amount you receive for your injury claim as well as extend the time that it takes for your case to resolve.
How to Calculate Pain & Suffering Damages in a Personal Injury Claim
Pain and suffering refers to the physical and emotional distress that a person experiences as a result of an injury. Pain and suffering damages may be available to compensate the victim for the pain, discomfort, and other negative impacts that the injury has had on their life.
The calculation of pain and suffering damages can be complex and can vary significantly depending on the specific circumstances of the case. In general, pain and suffering damages are based on a variety of factors, including:
- Extent and severity of the injuries: The more severe and extensive the injuries, the higher the potential pain and suffering damages may be.
- Duration of the pain and suffering: The longer the victim is expected to experience pain and suffering, the higher the potential damages may be.
- Impact on quality of life: If the injury has had a significant impact on the victim's quality of life, such as by preventing them from participating in activities they enjoyed or causing them to experience ongoing discomfort or inconvenience, the potential damages may be higher.
- Emotional distress: Emotional distress, such as depression, anxiety, or loss of enjoyment of life, may be compensated as part of the pain and suffering damages.
There is no set formula for calculating pain and suffering damages, and the amount of damages awarded can vary significantly from case to case.
In some cases, pain and suffering damages may be based on the victim's medical bills and other economic damages, while in other cases, the damages may be based on the testimony of the victim and other witnesses about the impact of the injury on the victim's life.
Methods for Calculating Pain and Suffering Damages With Examples
There are a number of different acceptable approaches to valuing pain and suffering damages in a personal injury claim. These methods include:
1. Multiplying Method
Under this method, the damages for pain and suffering are calculated by multiplying the plaintiff's economic damages (such as medical expenses and lost wages) by a certain number (commonly referred to as a "multiplier"). The multiplier is chosen based on the severity of the injuries and the amount of pain and suffering experienced by the plaintiff.
Example: If the injured individual’s total medical bills and lost wages are $10,000, and the plaintiff’s attorney uses a 5x multiplier for pain and suffering, the total value of the personal injury claim using the multiplying method would be $50,000.
2. Per Diem Method
Under this method, the damages for pain and suffering are calculated by multiplying the number of days the plaintiff experienced pain and suffering by a certain dollar amount (the "per diem" rate).
Example: The injured individual suffered a back injury that caused them difficulty performing the functions of daily life such as sitting, carrying, doing housework, and sleeping at night for a period of 120 days. Choosing a dollar amount of $100 per day for the pain and suffering experienced, the total value of the personal injury claim using the per diem method is $12,000.
3. Comparative Method
Under this method, the damages for pain and suffering are calculated by comparing the plaintiff's injuries to those of other individuals who have suffered similar injuries and received similar damages awards.
Example: The injured individual suffered a rotator cuff tear and a sprained wrist as a result of the incident. The plaintiff’s attorney will do research on jury verdicts in the jurisdiction for the same or substantially similar injuries and will set a value for the personal injury claim in the range of those jury verdicts.
Which Method Is Best for Calculating Pain and Suffering Damages?
There are benefits and drawbacks to each method of valuing pain and suffering damages, and each method is incomplete standing alone. An experienced personal injury attorney may cross-reference all three methods in advising the plaintiff about the value of their injury claim.
At the end of the day, pain and suffering are so much more than a calculation on paper, and a good injury attorney will spend time with their client, getting to know them personally and the impact the injury has had on their lives and that of their families. To try a compelling personal injury case before a jury, the personal injury attorney must truly understand and empathize with the magnitude of the impact on their client.
Settlements and Trial Verdicts in Alabama & Georgia Personal Injury Cases
When you look at valuing a claim in personal injury cases, it is important to remember that there is a difference between a settlement and a trial verdict. A settlement is an amount that the other side (usually through insurance) agrees to pay before the case goes to trial, and often before a lawsuit is even filed. If you accept a settlement offer in the case, then it becomes final, and the case cannot proceed to trial.
Read More: Why Personal Injury Plaintiffs Should Say No to Mediation
In contrast, a trial verdict is awarded by a jury after presentation of the evidence. In general, trial verdicts tend to be higher than settlements, but there are also added costs associated with going to trial, as well as the delay caused by the need for extra preparation and waiting for the trial court to have time available to try your case. Sometimes it makes more sense to settle when weighing the additional costs of trial against the potential for a higher verdict.
There is also inherent risk in proceeding to trial. There is always a chance that after a jury trial, you recover nothing at all.
An Experienced Personal Injury Attorney Will Maximize the Value of Your Claim
Evaluating whether to settle or take your case to trial is a judgment call that is best made after careful consideration with your personal injury lawyer. An experienced personal injury lawyer can advise you of their experience with juries in your particular state and county and can help you decide the best plan of action for your case.
If you have been injured through the negligence of another party, our team of experienced personal injury attorneys at Baxley Maniscalco can help you get paid fairly.
We represent clients all across the states of Alabama and Georgia and deal with insurance companies daily. We know how to cut through the red tape to get them to take your injuries seriously. We also make it our personal mission to negotiate reductions in your medical bills to help you keep more money in your pocket. Finally, we are not a settlement mill.
We’re well known for filing suit and taking our cases to trial when the insurance company refuses to pay our client the full amount they deserve for their injuries.
Average Value of a Dog Bite Claim in the State of Alabama
According to recent data published by the Insurance Information Institute, the average value of a dog bite claim in Alabama came in at around $43,000. Note, however, that this average can fluctuate greatly due to a variety of other factors and variables that go into its calculation.
Not sure that you need an attorney to value your claim? Write your own settlement demand to the insurance company.
Recover Maxmimum Compensation
Discover the true worth of your personal injury claim with Baxley Maniscalco Attorneys at Law. If you've been injured in an accident, determining the average amount of a personal injury settlement is crucial to ensure you're fairly compensated.
Our experienced injury attorneys specialize in evaluating cases like yours and securing maximum compensation for our clients.
With an average payout of $52,900.00 for personal injury cases, understanding the potential value of your claim is vital. Whether you're in Alabama or Georgia, our team can provide you with a personalized assessment during a free case evaluation. We'll discuss the specifics of your situation and guide you through the complexities of personal injury settlements.
Don't settle for less than you deserve. Contact us today for a free and confidential consultation, and let us fight for the compensation you're entitled to. Your path to fair compensation starts here with Baxley Maniscalco Attorneys at Law.