A personal injury case can represent a significant investment in time. It can take years to resolve them and you may wonder if the payout will be worth it. Many different factors determine how long your case can take to resolve and what you can expect to receive. An experienced personal injury lawyer in your area may be able to provide you with an estimate of the value of your case. But, ultimately, it is up to you to decide whether the case is worth your time to pursue.
The average payout you can expect to receive from a personal injury case varies depending on the injuries involved, the liability factors in the case, complications (such as pre-existing injuries or conditions), the area of the country in which the injury occurs, and the people and lawyers involved. It is by no means guaranteed that you will receive a payout from your personal injury case, particularly if it goes to trial. However, those who bring a claim typically receive higher levels of compensation if they are represented by lawyers with a track record of success at trial.
Factors That Affect Damage Amounts
The amount of money that you can collect depends upon a number of factors:
- Legal Representation: Plaintiffs who retain a lawyer tend to collect significantly more, often nearly three times more, than those who did not.
- Legal Action: Plaintiffs who filed a lawsuit , or whose situation and representation created a credible threat of a lawsuit, have generally been shown to received significantly more than those who did not.
- Negotiation: Plaintiffs who rejected the first offer and continued to negotiate can expect to receive a higher settlement amount than those who accept the first offer.
- Injuries: Plaintiffs tend to receive more in damages for more severe injuries. Also, injuries that are clear and measurable, such as via x-rays or other diagnostics, tend to receive more money.
Another significant factor is the insurance policy limits that apply to the defendant. The insurance company is not going to voluntarily offer more than the policy limit. Negotiation is usually necessary to get what you truly deserve.
Though not unheard of, it is actually very rare for personal injury cases to go to trial. In fact, statistics show that only about 4% or 5% of personal injury cases are actually tried to conclusoin before a jury. The vast majority end up settling out of court or before the jury reaches a verdict.
Bringing a personal injury case is generally a time-consuming process, but your patience is likely to be rewarded. In addition to the improved chance of a payout, it can be easier to go through the process with an attorney to guide you. Contact a personal injury lawyer in Trenton, NJ from Davis & Brusca for more information.