“How much is my personal injury case worth?”

“How much will my personal injury settlement be?”

“What does a typical settlement cover?”

These are some of the most frequently asked questions we receive from our clients, and understandably so. A personal injury, whether it be from a car wreck or workplace accident, can turn your life upside down – especially financially. With missed days of work during recovery, medical bills stacking up, and more expensive treatment down the road, it’s important to know what your personal injury attorney can do to help you get the compensation you need.

That’s why we’ve put together this basic 2024 settlement guide to answer your questions, and put your mind at ease. Let’s dive in.

How Are Car Crash Settlements Calculated?

Any lawyer who tells you what your case is worth without reviewing your medical records and discussing the future prognosis with you is making up a number! We call them personal injuries because any injury will affect different people differently. A 25 year old college athlete might suffer less damage in the same accident than a 50 year old (like me.) An experienced personal injury attorney can often predict a range of verdicts or settlements, but every case comes with a risk of getting nothing!

Settlement amounts for car accident injuries are dependent on various elements of your case, and the severity of each. Below are four of the biggest factors in personal injury cases.

  • What personal injuries were sustained?
  • The type and severity of your injuries help calculate how much compensation will be needed for lost wages, medical treatment, and future expenses.
  • Pain & Suffering.
  • A car wreck is traumatic, and so are the physical pain and limitations caused by the consequential injuries.
  • Who is at fault?
  • While we often call them accidents, most car crashes come from negligence, and the victim’s share of fault (if any) is a factor. The other driver’s insurance is only responsible for paying damages to the injured party relative to their share of the fault.
  • If both parties share fault, Missouri’s comparative fault system decides on the settlement amount based on percentage of fault.
  • For example, let’s say the damages are $100,000 dollars. If the other party is found to be 90% at fault, and you are 10% at fault, essentially the result would be a $90,000 recovery.
  • Punitive Damages.
  • Under Missouri Code 510.261, punitive damages can be awarded in a personal injury case if it is found that the defendant either caused the plaintiff harm intentionally, or through reckless carelessness regarding the safety of others. Intentional injuries are not covered by insurance and recovering punitive damages can be difficult.
  • For example, if the plaintiff was injured in a car wreck caused by the defendant drinking or texting while driving, punitive damages may be factored into the settlement amount.

Most Common Outcomes

The majority of personal injury claims are settled through negotiations without having to go to trial. In fact, according to Forbes Advisor, only about 5% of cases end up having to go to trial. Having an experienced lawyer on your side further reduces the likelihood of a trial as insurance companies don’t like to “try their luck” against a good injury attorney.

Below are a few statistics pertaining to personal injury settlements and verdicts found in a 2005 study conducted by the Bureau of Justice and research found by Forbes.

  • The median amount of punitive damages awarded was $64,000.
  • The median amount of damages awarded in compensation was $58,000.
  • The equivalent or more than $1,000,000 in punitive damages were awarded in 13% of cases.
  • The highest success rate, which was 61%, was in car accidents.
  • Statistics show that roughly 90% of cases in which the plaintiff had a personal injury attorney are successful.
  • About 95% of civil cases reach settlements at some stage. Only between 4%-5% of these cases end up having to go to trial.
  • The Bureau of Justice study revealed that car accident cases were the most likely to recover for the victim, with a success rate of 61%.
  • The average amount of time it takes to reach a settlement is 2 months, but the timeline varies from case to case. There have been cases that have taken longer, and even cases that have been settled within two months.

What Can A Personal Injury Attorney Do?

As stated above, having a personal injury lawyer on your side throughout the legal process significantly increases your chances of reaching a favorable settlement. How can your attorney help you win a fair amount of compensation?

  • Advocating for and protecting your rights.
  • Negotiating a settlement that covers your personal injury related expenses to ensure you don’t get low-balled.
  • Managing legal paperwork, making sure the correct forms are filled out and submitted before deadlines.
  • Gathering and presenting the evidence needed to prove the value of your personal injury, and that the defendant was at fault for the accident.
  • Filing a lawsuit on your behalf if a fair settlement can’t be reached, and being ready and able to try your case if that is what it takes.

Unfortunately, many personal injury victims opt out of hiring an attorney because of the myth that it’s too expensive. However, most personal injury lawyers don’t get paid until you’ve received the compensation you deserve. They receive a contingent percentage of your settlement as payment – that means if you don’t get paid, neither does your lawyer.

If you’ve been injured in an accident caused by another party, contact us as soon as possible to schedule your initial consultation where you’ll be given free legal advice from an experienced St. Louis lawyer near you.