Mani Ellis & Layne Accident & Injury Lawyers | February 25, 2025 | Personal Injury
When you’re about to go through a personal injury case, one of the first things you might want to know is what the average personal injury settlement amount is. Unfortunately, this question is not easy to answer because it depends on many factors, such as the specific kind of accident, injuries, and insurance involved. That’s why consulting with a skilled personal injury attorney in Columbus, OH, is necessary. Our experienced attorneys can help guide you through the process.
Relevance Of Online Statistics
Online statistics often gloss over these considerations. For example, the insurance industry calculated that the average injury claim for an auto accident was $26,501 in 2023. However, this number lumps together minor injuries like lacerations with catastrophic injuries like permanent paralysis to calculate the average.
Statistics from law firms may be equally inaccurate — but for different reasons. Some websites publish numbers showing the firm’s average settlements. However, personal injury law firms are often highly selective in the cases they accept. Since these firms charge a contingency fee, it’s very likely that they only pick the most valuable cases. This skews the statistics they calculate.
Factors That Affect Settlement Amounts
Rather than focusing on averages that provide little information relevant to your case, it may be more beneficial to outline the factors that affect settlement amounts. Understanding these elements can help you determine how the circumstances of your specific case could affect the compensation you can expect.
The following factors affect the value of a case and, thus, the amount you can expect in a settlement or court award:
Injury Severity
The severity of your injuries has the greatest effect on the value of your claim. The purpose of a legal claim is to put the burden of your injuries on the person or business responsible for causing them. This burden is greater when you suffer more severe harm.
By definition, a permanent injury like a broken spinal cord will affect you for the rest of your life. As a result, you deserve compensation for how it will impact you over the decades you will live. Conversely, when you suffer an injury that you will heal from, such as a bruise or even a broken bone, the effects will only last a few months. As such, you’ll deserve less compensation.
Injury-Related Losses
One measure of your injury severity is your injury-related losses. These take two forms: economic and non-economic damages. Economic damages cover the financial impact of your injuries, such as:
- Past and future medical expenses
- Out-of-pocket costs
- Past income losses
- Future diminishment of your earnings due to lingering symptoms and disabilities
The other category, non-economic losses, represents the life impact of your injuries. Any aspect of your injuries that affects your quality of life can qualify here. Some examples of non-economic damages include:
- Physical pain
- Mental suffering
- Disfigurement
- Disability
- Dismemberment
Some injuries have both economic and non-economic effects. For example, suppose that your injuries prevent you from working. You will have financial losses due to your inability to earn wages. However, being unable to work can deprive you of your independence and self-esteem as well, which you can also be compensated for.
Non-economic losses do not have an inherent value. Instead, an insurer or jury will award a fair amount based on the impact your injuries have had on your daily life.
Type Of Accident
Some injury claims have greater value simply due to the type of accident and insurance involved. Fatal accidents will cause greater losses than injury accidents and receive greater settlements. Moreover, different insurance policies have different limits that can affect the settlement you receive.
In Ohio, all motor vehicle owners must carry liability insurance with the following limits:
- $25,000 for bodily injury to one person
- $50,000 for bodily injuries to multiple people
These limits cap the settlement you can expect in a car accident case. Suppose that you get hit by a driver with the minimum insurance coverage, and their insurer will pay no more than $25,000 for your losses. You might only receive an insurance payout if the at-fault driver has no other assets. In other words, even if you have $27,000 in losses, you might only get $25,000.
Other types of incidents can result in higher settlements because the at-fault party has higher policy limits. A doctor’s liability policy might include $1 million for medical malpractice. If a doctor misdiagnoses your cancer and you suffer a significantly reduced life expectancy as a result, you might receive the full policy limit plus whatever the doctor can contribute.
Similarly, many homeowner’s insurance policies include $200,000 or more in liability coverage. This means the insurer can pay up to $200,000 for your losses after a slip and fall accident on the homeowner’s premises.
Proof Of Liability
The strength of your evidence can affect the settlement you receive. Settlements happen when you and the at-fault party agree on an amount of money in exchange for a claim release. This payment should cover your hard costs, such as medical expenses and lost income. It may also contain compensation for pain and suffering.
However, the willingness of an at-fault party to offer a settlement depends on the strength of your case. If you have strong and credible evidence establishing the other party’s liability, they will be more likely to seek a settlement. They do not want a jury to see that evidence. As a result, they will often offer a better settlement to ensure you accept it.
Conversely, you might receive a lower settlement in two situations. First, if your evidence of liability is weak, the other party might be willing to take their chances at trial. This could end with you receiving an exceedingly low settlement offer or no offer at all.
Second, Ohio reduces your compensation if you contributed to the cause of your injuries. For example, perhaps both you and the other driver were looking at your phones when you collided. If you were 49% at fault for the accident, you can only be compensated for 51% of your losses. Any settlement will reflect the reduced amount.
Getting A Fair Settlement
Many factors contribute to a case’s value, including the severity of your injuries and the proof of liability. The best way to get a fair settlement is by fully documenting your accident and the injuries you suffered. Armed with this information, a lawyer can fight for the highest settlement possible under the circumstances.
Contact the Personal Injury Law Firm of Mani Ellis & Layne Accident & Injury Lawyers for Help Today
For more information, please contact an experienced lawyer at Mani Ellis & Layne Accident & Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Columbus, OH, and Charleston, WV.
Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
Find us with our GeoCoordinates: 39.96270905583009, -82.99956356191063
Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000
Find us with our GeoCoordinates: 38.348382927211865, -81.635109451865