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  • The Average Personal Injury Settlement By Type of Injury

    The Average Personal Injury Settlement By Type of Injury

    Compensation to expect for your personal injury case

    Welcome to our comprehensive guide on average personal injury settlements in the United States! If you’re here, it’s likely because you or a loved one has been involved in an accident and need to know what to anticipate. It’s essential knowledge, whether planning to file a claim or just out of pure curiosity. 

    In this article, we’ll delve into the various types of accidents, from traffic accidents to slips and falls, and how much compensation injured parties typically receive. Understanding these averages can provide a ballpark figure of what to expect. 

    Note: While we strive to provide accurate and up-to-date information, it’s important to remember that the outcome of each personal injury case can greatly vary based on factors such as individual circumstances, severity of injury, and legal representation.

    By shedding light on this topic, we hope to help you better navigate the often overwhelming field of personal injury claims. Let’s embark on this informative journey together. 

    As personal injury attorneys in St. Louis, Missouri, we have an intimate understanding of personal injury claims and settlements. We have compiled our years of experience and a number of resources to combine the data outlined below.

    Personal Injury Statute of Limitations

    First, it is important to know your state’s statute of limitations. Each state has different laws regarding the statute of limitations (the time you have to file a personal injury claim). It is also important to note that, not only do statute of limitations vary by state, but most states also have different laws depending on the type of injury or practice area.

    Here is an example of Missouri’s statute of limitations for personal injury claims:

    Type of Accident/InjuryPersonal Injury Statute of Limitations in Missouri
    Car Accidents5 years from the date of accident
    Slip and Fall Accidents5 years from the date of injury
    Workplace Accidents2 years from the date of injury or diagnosis of illness
    Medical Malpractice2 years from the date of injury or reasonable discovery
    Product Liability5 years from the date of injury
    Dog Bites5 years from the date of bite
    Wrongful Death3 years from the date of death

    You can view a list of statutes of limitations by state here to find your state’s limits.

    Average personal injury car accident settlements

    There are numerous factors that affect the average settlement amount in personal injury car accident cases. While the average auto accident settlement for injuries clocks in at $15,431, this figure can vary widely based on the specifics of the incident. 

    For instance, cases involving severe injuries leading to long-term or permanent disabilities often result in significantly higher settlements. It is also important to keep in mind that there are outlier settlements that significantly raise the average car accident settlement amount.

    For instance, most car accidents are settled out of court for $3,000 – $5,000. Many times, these cases are settled out of court and without the assistance of a local personal injury attorney. More severe cases, however, can result in settlements worth millions of dollars.

    Some of our recent car accident settlements include $2.2 million, $2.1 million, $1 million, $600,000. These cases involved catastrophic injuries and/or extreme negligence on the part of the at-fault driver. 

    Because these types of settlements are such large numbers, the average settlement is obviously a bit skewed.

    It’s important to recognize that every accident is unique, and there is no exact dollar amount that you can expect for your case. Various elements such as the severity of injuries, the degree of property damage, and even the jurisdiction where the accident occurred can all play pivotal roles in determining the final amount. 

    In addition to physical injuries, personal injury settlements can also cover economic damages and non-economic damages. Economic damages include monetary losses such as medical bills, lost wages, and property damage. It’s worth noting that for property damage alone, the average settlement stands at $3,231. Meanwhile, non-economic damages are harder to quantify and can encompass chronic pain, emotional distress, and reduced quality of life. 

    According to the Insurance Information Institute‘s most recent data compiled for accidents in 2022, the average car accident claim was $5,992 for property damage claims and $24,211 for claims that involved bodily injuries.

    If you’re trying to get a rough estimate of what you might receive, using a car accident settlement calculator can offer some guidance. Remember, settlements of half a million dollars or more typically involve significant, life-altering injuries from major accidents. So, while the average settlement figures might give you an idea, the true value of your claim can only be ascertained by considering the unique details of your case.

    Average car accident settlements based on property damage and injury severity:

    Severity of AccidentAverage Settlement Amount
    Minor Property Damage Only$2,500 - $7,500
    Moderate Property Damage and Minor Injuries$8,000 - $15,000
    Severe Property Damage and Moderate Injuries$20,000 - $35,000
    Severe Injuries with Long-term Impact$50,000+

    Average personal injury settlement for truck accidents

    When a large commercial vehicle like a semi-truck or 18-wheeler is involved in an automobile accident, the damage can be even more devastating. Our Missouri truck accident lawyers have seen the destruction of these wrecks first hand and, because of this, these settlements often lead to a higher settlement number.

    These high settlement amounts reflect the significant economic and non-economic damages suffered by victims. Economic damages encompass medical bills, lost wages, and rehabilitation costs, while non-economic damages cover chronic pain, emotional distress, and loss of quality of life. For instance, notable settlements include a $4 million compensation for a collision involving an 18-wheeler and a catastrophic $20 million settlement for a young man run over by a careless delivery driver. These figures underscore the potential for significantly higher settlements when commercial vehicles are involved.

    Moreover, determining the settlement for a truck accident case involves various factors, such as the extent and permanence of the injuries, the clarity of liability, and the available insurance coverage. Commercial vehicle cases also present unique challenges, as they may involve multiple at-fault parties. The trucking company, the driver, and even the vehicle manufacturer could share responsibility, complicating the claims process but also opening avenues for broader compensation.

    Finding exact data for average truck accident settlements was a bit tricky as the Federal Motor Vehicle Safety Administration has not provided data since 2005, but, after compiling data from a few different sources, we have concluded that the average truck accident settlement in the United States is around $90,000.

    Average settlements for automobile accidents involving commercial vehicles or large trucks

    The severity and nature of injuries in accidents involving large trucks can dramatically influence settlement amounts. Here is an overview of average settlement amounts based on injury severity and property damage:

    Severity of AccidentAverage Settlement Amount
    Minor Injuries and Property Damage$15,000 - $75,000
    Moderate Injuries with Considerable Property Damage$75,000 - $500,000
    Severe Injuries with Significant Property Damage$500,000 - $1,000,000+
    Life-Altering/Catastrophic Injuries$1,000,000 - $20,000,000+

    Car and truck accident settlements happen frequently enough that generating a compensation range estimate can be done with an attorney

    Average workers’ compensation claims and settlements

    Workers’ compensation is when an employee receives compensation after they have been injured or become ill due to negligence or an accident that occurred on the job. Employers are required to provide compensation through workers’ compensation insurance, covering medical expenses and lost wages. This support can be crucial in helping injured employees recover without the added stress of financial burdens.

    Our workers’ comp lawyers in Missouri have seen countless employees struggle to receive fair compensation due to their employer’s workers’ comp insurance providers looking to pay as little as possible.

    Each workers’ compensation case is unique, and the final settlement amount will depend on various factors.

    • Nature and extent of the injury: More severe and long-lasting injuries typically result in higher settlements. This includes both physical and psychological impacts.
    • Medical costs: The total amount of medical expenses, including hospital stays, surgeries, rehabilitation, and future medical care, plays a crucial role in determining the settlement.
    • Lost wages: Compensation often covers the wages lost due to the injury, including both past and future income that would have been earned.
    • Disability: The degree of permanent or temporary disability and how it affects your ability to work can significantly influence the settlement amount.
    • State laws: Workers’ compensation laws vary by state, affecting how settlements are calculated and awarded.
    • Legal representation: Having an experienced attorney can help negotiate a higher settlement by effectively presenting your case and countering any low offers from the insurance company.

    Below, we have broken down workers’ comp claims based on different factors, but we wanted to first share general findings made by the National Safety Council.

    According to the NSC, the average worker’s comp claim in 2021 – 2022 (their most recent data), the average workers’ compensation claim was $41,757.

    We have an in-depth article outlining the average workers’ compensation based on injury type, so for this article, we wanted to expand our coverage to include data based on the industry.

    Average workers’ compensation settlement chart based on the cause of the injuries:

    Cause of InjuryInjury CompensationPayment for Lost Wages
    Motor vehicle$49,395$39,757
    Struck by$21,634$18,470
    Cumulative injuries$15,148$18,761
    Striking against$16,211$14,939
    Misc. cause$12,058$12,467

    Data is based on a study by the National Safety Council

    Average workers’ compensation settlement chart based on the nature of the injuries:

    Cause of InjuryInjury CompensationPayment for Lost Wages
    Other Trauma$33,086$29,958
    Carpal tunnel$15,919$18,136
    Occ. disease/cumulative injury$7,661$9,102

    Data is based on study by the National Safety Council

    The average workers’ compensation payout based on the industry:

    IndustryAverage Payout

    Average medical malpractice claims in the United States

    Medical Malpractice lawsuits involve healthcare providers, such as doctors, nurses, or hospitals, failing to meet the accepted standard of care. These cases can be quite complex and often require expert testimony to prove negligence.

    Medical malpractice is far more common than one might think. In fact, a recent study found that medical errors are the third leading cause of death in the United States and account for over 250,000 deaths per year.

    When it comes to average settlements for medical malpractice claims, the figures can vary widely. The severity of the injury, the clarity of liability, and the long-term impact on the patient’s quality of life all play crucial roles.

    Some notable facts about medical malpractice cases include: 

    • Medical malpractice is the third leading cause of death in the United States.
    • Common forms of medical malpractice involve misdiagnosis, surgical errors, and medication mistakes.
    • Statute of limitations for medical malpractice claims varies by state, typically ranging from one to three years.
    • Patients often struggle to prove negligence, which is why professional legal help is crucial.
    • Non-economic damages, such as pain and suffering, are often capped by state laws in medical malpractice cases.
    • Higher settlements are generally awarded when malpractice results in severe or long-term consequences, like brain injuries or permanent disability.

    What qualifies as medical malpractice?

    If a healthcare professional fails to provide the standard level of care that a reasonably competent professional would have provided under similar circumstances, it can qualify as medical malpractice. The types of actions or omissions that might form the basis of a medical malpractice claim include:

    • Misdiagnosis: Failing to correctly diagnose an illness, or diagnosing an illness that the patient does not have.
    • Surgical Errors: Mistakes made during surgery, including operating on the wrong body part or leaving surgical instruments inside the patient.
    • Medication Errors: Prescribing the wrong medication or incorrect dosage, or failing to recognize harmful drug interactions.
    • Birth Injuries: Negligence during childbirth that causes harm to the mother or baby, such as failing to monitor vital signs or mishandling delivery instruments.

    The average medical malpractice settlement based on the type of medical error 

    We want to be clear when we say determining the average medical malpractice settlement is nearly impossible. There are an infinite number of variables and unknowns that simply cannot be factored into this table.

    Having said that, we looked at different data and settlements based on the most common types of medical errors and were able to create a settlement range based on these findings.

    The Journal of the American Medical Association’s most recent study found that the average medical malpractice or medical error settlement was around $329,000.

    To provide a clearer understanding of how medical error types impact settlement amounts, here’s a table that breaks down average settlements based on the type of error:

    Type of Medical ErrorAverage Settlement Amount
    Misdiagnosis or Delayed Diagnosis$425,000
    Surgical Errors$320,000
    Medication Errors$3,500,000
    Childbirth Injuries$1,000,000
    Anesthesia Errors$300,000 - $700,000

    Average Premises Liability Injury Settlements

    Premises liability cases arise when an individual is injured on someone else’s property due to unsafe conditions. These cases can include slip and falls, swimming pool accidents, or injuries due to negligent security. When pursuing a premises liability claim, the settlement amount will heavily depend on the specifics of the case, such as the severity of the injury, the property owner’s negligence, and the impact on the victim’s life.

    For instance, slip and fall accidents are among the most common premises liability claims. Settlements can vary significantly depending on factors like the nature of the injury (e.g., broken bones, head injuries), medical expenses, and any long-term effects.

    An Insurance Information Institute study found the average premises liability settlement was $200,000.

    Property owners are expected to maintain reasonably safe environments; failure to do so can lead to substantial settlements.

    Another example is swimming pool accidents, which often involve serious injuries or even fatalities. Settlements in these cases may account for extensive medical bills, pain and suffering, and potential long-term care needs, often resulting in higher settlements that can reach several hundred thousand dollars.

    Negligent security claims, where inadequate security measures lead to injury, also fall under premises liability. These cases can involve assault, robbery, or other criminal acts. Settlements can be significant, especially if the property owner blatantly ignored security protocols, potentially ranging from tens of thousands to several hundred thousand dollars.

    Average Product Liability Settlements

    When a defective product causes injury, the responsible party can be held accountable. Common product liability lawsuits include

    When a defective product causes injury, the responsible party can be held accountable. Common product liability lawsuits include :

    • Defective Manufacturing: This occurs when a product is improperly manufactured, making it dangerous to use. Examples include contaminated foods, faulty brakes, and improperly assembled devices.
    • Design Defects: These are inherent flaws in the product’s design that make it unsafe, even if manufactured correctly. Typical cases involve poorly designed safety equipment, unstable furniture, or vehicles prone to rollovers.
    • Failure to Warn: When manufacturers fail to provide adequate instructions or warnings about a product’s risks, they can be held liable for any resulting injuries. This is common with pharmaceuticals, electrical appliances, and hazardous chemical products.

    The average settlement for product liability cases varies significantly depending on the nature and severity of the injury:

    • Moderate injuries, such as broken bones or significant lacerations, can result in settlements ranging from $50,000 to $200,000.
    • Severe injuries, like those leading to long-term disability or significant physical impairment, often bring settlements in the range of $500,000 to $1,000,000 or more.

    According to the III’s most recent data in 2020, the average product liability settlement was $7,058,106 with a median cost of $3,908,111.

    Breaking down all of the average injury settlements

    Now that we have discussed the most frequently asked about injury settlements, we wanted to give a quick rundown of some of the other common personal injury types.

    As we have frequently mentioned throughout this article, these numbers are either averages based on large-scale studies or numbers we have come up with based on data we have found or compiled from several recent personal injury settlements and claims.

    Here is a table of averages for all of the most common personal injury settlement types

    Personal Injury Lawsuit TypeAverage Settlement Amount
    Car Accident Injury Settlements$24,211
    Car Accident Property Damage Settlements$5,992
    Truck Accident Settlements$90,000
    Medical Malpractice Settlements$329,000
    Workers Comp Settlements$41,757
    Slip and Fall Settlements$13,000
    Dog Bite Settlements$64,555
    Product Liability Settlements$3,908,111
    Premises Liability Settlements$200,000

    Can a personal injury lawyer help me get a larger settlement? 

    Absolutely, a personal injury lawyer can make a substantial difference in the settlement you receive. Obviously, as personal injury attorneys, we are biased, but, without the help of an injury lawyer, you are going to have an extremely difficult time getting the maximum amount of compensation to which you are entitled.

    Our St. Louis injury lawyers always highlight the benefits our team adds. First, as experts in these cases with a deep understanding of personal injury laws, we have the knowledge needed to understand not only how to bring about the lawsuit, but the ability to further investigate your case and injuries as well as the resources to find experts to testify on your behalf.

    A strong case requires solid evidence. Your lawyer will collect medical records, witness statements, and other crucial documents to support your claim.

    Additionally, it’s important to keep in mind that it is not just about immediate medical bills. An attorney will consider future medical costs, lost wages, and pain and suffering to ensure you seek an adequate amount.

    A personal injury attorney also deals with perhaps the most challenging (and frustrating) portion of the process: dealing with insurance. Insurance companies often aim to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive a fair settlement that covers all your expenses and future costs.

    Moreover, a personal injury attorney is adept at handling complex paperwork and legal protocols, saving you the headache and allowing you to focus on your recovery. In many cases, the mere presence of a lawyer can compel the opposing party to offer a more reasonable settlement.

    If you’re considering hiring a lawyer, many offer a free consultation. This initial meeting can provide insights into the strength of your case and what you might expect moving forward. Remember, most personal injury lawyers work on a contingency fee basis, which means they only get paid if you win your case. This arrangement makes legal representation accessible to anyone, regardless of financial situation.

    If you have questions related to personal injury or about our law firm, please feel free to reach out at any time!