A personal injury lawyer can help you recover compensation for medical bills, lost wages, pain and suffering, and other damages. This guide covers how to find the right attorney, typical settlements, and how to maximize your claim.
Personal Injury Settlement Overview
- Average settlement: $20,000 - $75,000 (varies widely)
- Serious injury cases: $100,000 - $1 million+
- Attorney fees: 33-40% contingency (no upfront cost)
- Timeline: 3 months to 2+ years
- Success rate: 95%+ of cases settle before trial
Average Settlements by Case Type
| Case Type | Average Settlement | Serious Cases | Timeline |
|---|---|---|---|
| Car Accident | $20,000 - $30,000 | $100,000 - $500,000+ | 6-18 months |
| Truck Accident | $50,000 - $100,000 | $500,000 - $2M+ | 12-24 months |
| Motorcycle Accident | $30,000 - $80,000 | $200,000 - $1M+ | 6-18 months |
| Slip and Fall | $15,000 - $45,000 | $100,000 - $300,000 | 6-12 months |
| Medical Malpractice | $250,000 | $500,000 - $3M+ | 2-4 years |
| Product Liability | $50,000 - $100,000 | $1M - $10M+ | 1-3 years |
| Wrongful Death | $500,000 - $1M | $2M - $10M+ | 1-3 years |
Types of Personal Injury Cases
MOST COMMON
Motor Vehicle Accidents
- Car accidents: Rear-end, T-bone, head-on collisions
- Truck accidents: Often more severe, multiple liable parties
- Motorcycle accidents: High injury severity
- Pedestrian/bicycle: Hit by vehicle cases
- Uber/Lyft accidents: Rideshare-specific insurance
PREMISES LIABILITY
Property Accidents
- Slip and fall: Wet floors, uneven surfaces
- Trip and fall: Broken sidewalks, obstacles
- Negligent security: Assaults due to inadequate security
- Dog bites: Animal attack injuries
- Swimming pool: Drowning, diving accidents
What Damages Can You Recover?
Economic Damages (Calculable)
- Medical expenses: Past and future treatment costs
- Lost wages: Income lost during recovery
- Lost earning capacity: Future income reduction
- Property damage: Vehicle repair/replacement
- Out-of-pocket expenses: Transportation, home modifications
Non-Economic Damages
- Pain and suffering: Physical discomfort
- Emotional distress: Anxiety, depression, PTSD
- Loss of enjoyment: Inability to enjoy activities
- Loss of consortium: Impact on relationships
- Disfigurement: Scarring, permanent changes
How to Choose a Personal Injury Lawyer
- Specialization: Focus on personal injury, not general practice
- Experience: Years handling cases like yours
- Track record: History of substantial settlements/verdicts
- Resources: Ability to fund case investigation
- Communication: Responsive and keeps you informed
- Reviews: Client testimonials and ratings
- Trial experience: Willing to go to court if needed
Understanding Contingency Fees
- How it works: Attorney paid percentage of settlement
- Typical rate: 33% if settled, 40% if goes to trial
- No win, no fee: You pay nothing if case unsuccessful
- Costs: Filing fees, expert witnesses usually deducted from settlement
- Benefits: Access to legal representation without upfront cost
The Personal Injury Claim Process
- Free consultation: Discuss case, determine viability
- Investigation: Gather evidence, medical records, witness statements
- Demand letter: Send to insurance company
- Negotiation: Back-and-forth settlement discussions
- Filing lawsuit: If settlement not reached
- Discovery: Exchange information, depositions
- Mediation: Attempt to settle with mediator
- Trial: Present case to jury if no settlement
When to Hire a Personal Injury Lawyer
- Serious injuries: Broken bones, head trauma, surgeries
- Long-term treatment: Ongoing medical care needed
- Disputed liability: Other party denies fault
- Multiple parties: Complex liability situations
- Insurance denial: Claim denied or lowballed
- Lost wages: Significant time off work
- Permanent disability: Life-altering injuries
Mistakes to Avoid
- Giving recorded statements to insurance without attorney
- Accepting quick settlement before knowing full extent of injuries
- Missing deadlines: Statute of limitations varies by state (1-6 years)
- Social media posts: Can be used against your claim
- Gaps in treatment: Undermines injury claims
- Not documenting everything: Photos, receipts, journals
FAQ
How long do I have to file a claim?
Statute of limitations varies by state: typically 2-3 years for personal injury, 1-2 years for government claims. Consult an attorney promptly.
What if I was partially at fault?
Many states use comparative negligence - your compensation is reduced by your percentage of fault. Some states bar recovery if you're more than 50% at fault.
Will my case go to trial?
Over 95% of personal injury cases settle before trial. However, having an attorney prepared for trial often leads to better settlements.