Personal Injury

Personal Injury

Injured in an accident? Let us help you get the settlement and peace of mind you deserve.


What is a personal injury lawsuit?

A personal injury lawsuit is a legal action taken to recover damages from another party that has caused harm through inaction, negligence or malfeasance. If the negligence or inaction of another has caused you to suffer harm, you may be able to recover some or all of your medical expenses, rehabilitative costs, lost wages and pain and suffering with a personal injury lawsuit.

What are some typical personal injury claims?

Personal injury claims can be filed in response to a wide variety of incidents that cause physical harm. Here is a short list of some common types of personal injury claims:

Car Accidents

Car accidents are one of the most common causes of injuries in US. When negligence on the part of another driver or another responsible party is to blame for the crash, you may be entitled to compensation through a personal injury lawsuit.

Boating Accidents

Many visitors and locals alike enjoy time on the water. However, boater negligence can turn a pleasure cruise into a tragedy. Victims of boating accidents may be entitled to bring an injury claim against the parties responsible for their injuries.

Truck Accidents

Crashes that involve tractor-trailers or other heavy trucks frequently produce some of the most severe injuries – particularly for the people in the lightweight cars involved in the crash. Truck accident lawsuits are also more complex than many “standard” car accidents due to the higher stakes and multiple parties involved.

Bicycle Accidents

Cyclists have the same rights in traffic as anyone else, but some motorists refuse to share the road with bicyclists. Collisions between cars and bikes often result in serious injuries for cyclists. If another driver was at fault, an injured cyclist may be able to recover compensation in an injury lawsuit.

Birth Injuries

Some victims suffer injuries at the very beginning of their lives. When negligent medical errors cause avoidable injuries during the labor and delivery process, the parents of the injured baby may be entitled to bring a claim against the responsible healthcare professionals.

Construction Accidents

Construction sites are among the most dangerous workplaces in US and are prone to different accidents such as electrocution accidents. Victims of construction accidents may be entitled to bring a claim against the non-employer parties whose negligence caused the accident.

Pedestrian Accidents

People who are walking when they are hit by a motor vehicle suffer some of the worst injuries seen in traffic accidents. When a motorist is to blame for the crash, an injured pedestrian may be entitled to significant compensation in an injury claim. Compensation may be available even in a hit-and-run situation if the pedestrian carries auto insurance.

Medical Malpractice

Some injuries are caused by the very professionals who are charged with making people healthier. When a negligent medical mistake results in a serious personal injury, the injured patient may be entitled to compensation by bringing a medical malpractice claim against the healthcare providers responsible for the incident.

Motorcycle Accidents

Weather makes for great year-round motorcycling. Unfortunately, it also means more motorcycle crashes. When an accident involves a motorcycle and another vehicle, the biker often suffers more severe injuries. Some insurance companies try to shift the blame to the motorcyclists by playing on stereotypes. Don’t let them get away with it.

Slip & Fall

Property owners have a duty to maintain walking surfaces in reasonably safe condition. When they fail in this duty and someone is injured in a slip-and-fall accident, the victim may be entitled to recover compensation through a personal injury claim.

Brain Injuries

Many types of accidents can cause traumatic brain injuries, which are among the most serious and costly types of injuries. Many brain injury victims face a lifetime of impairment. Compensation may be available from the party whose negligence caused the accident.

Dog Bites

Dogs make wonderful pets, but some dogs also pose a serious threat to others – particularly children. Victims of dog attacks may be able to bring a personal injury claim against the dog’s owner whose negligence was responsible for the incident.

Spinal Cord Injury

Damage to the spinal cord can lead to devastating injuries that a victim must endure for the rest of his or her life. The worst spinal cord injuries cause permanent paralysis. When a spinal cord injury resulted from someone else’s carelessness, the victim may be able to recover significant compensation.

Premises Liability

When an unreasonably dangerous condition on someone else’s property causes serious injuries, the victim may be entitled to bring a premises liability claim against the negligent property owner. Many other accidents besides falls may give rise to this type of claim. Examples include swimming pool accidents, inadequate security, dangerous stairs and many others.

Product Liability

The companies that design, manufacture, market, distribute and sell products owe a duty to consumers to ensure that their products are reasonably safe. When this duty is breached and a product causes serious harm, victims may be entitled to bring an injury claim.

What do I need to prove before I can file a personal injury lawsuit?

You don’t need to prove anything to file a personal liability lawsuit. Filing a lawsuit means that you have opened legal action against the defendant. In order to win your personal injury lawsuit you will need to show the standard of proof that governs your liability case. Most personal injury lawsuits are pursued under the theory of negligence, which requires you to prove four things:

  • Show the defendant had a duty to perform at least as well as a reasonable person
  • Demonstrate that the defendant failed in that duty
  • Prove that the failure caused your injuries
  • Prove that you suffered injury

What damages can a personal injury lawsuit recover?

A number of physical and non-physical damages can be recovered in a successful personal injury lawsuit:

  • medical bills
  • necessary rehabilitative/ongoing care
  • emotional pain and suffering
  • lost wages
  • lost earning capacity
  • punitive damages (depends on malicious/intentional conduct)

How Personal Injury Damages Work

You may be entitled to “damages”, which are financial compensations for your injuries and/or losses. Personal injury cases involve three types of damages: general, special, and punitive.


Special Damages

These are damages with a specific dollar amount attached. They may also be called economic damages, and can include:

  • Medical expenses incurred as a result of the accident
  • Future medical expenses such as additional surgeries, therapy, or follow-up doctors’ appointments
  • Lost wages
  • Future lost wages
  • Repair or replacement of personal property

General Damages

These are damages for which it is not as easy to assign a specific dollar amount. Courts or insurance companies will sometimes award this type of damages if you are suffering from long-term injuries or you have lost a loved one in an accident. General damages may include compensation for:

  • Pain and suffering
  • Loss of use of a body part or limb
  • Loss of enjoyment of life
  • Loss of companionship
  • Loss of consortium
  • Wrongful death

Punitive Damages

Courts only award punitive damages if the defendant’s behavior was grossly negligent or intentionally harmful. This type of damages is used as a punishment for the defendant. For example, a court may award you punitive damages if they find that the defendant was driving under the influence of drugs or alcohol at the time of the accident and caused your injuries or the death of your loved one.

Courts may also award punitive damages in certain cases where the defendant committed an intentional tort, such as trespassing with the intent to harm you or your family. For example, if the defendant trespassed on your property and started a fire in your home knowing you were at home, a court might order the defendant to pay punitive damages in a civil case. Of course, the defendant may also face criminal charges for trespassing and arson in a criminal court.

What Is the Average Settlement for a Personal Injury?

The median payout for a personal injury lawsuit is approximately $52,900. For most victims with moderate injuries, like broken bones, sprains, and whiplash, the payout ranges from $3,000 to $10,000. However, extreme injury and mental suffering has helped some victims earn millions.

Higher settlements may skew the typical payout, making the average much larger than it might be for many personal injury victims. But every case is different. There is no exact payment for any one injury type, as the court may need to examine many other mitigating factors.


What Factors Determine a Personal Injury Payout?

The settlement you can expect from your case will depend on the losses you suffered. There are three main categories of damages to consider before a personal injury case settles:

  • Physical suffering
  • Mental anguish
  • Financial hardships

If you follow the protocol suggested by many personal injury lawyers, there may be a paper trail to detail the injuries you suffered. Any noneconomic suffering, such as post-traumatic stress disorder (PTSD), may be more difficult for the courts to assign a value.


What Types of Personal Injury Cases Pay the Most?

No specific injury case is guaranteed to pay out more than any other. Injuries are wholly unique to the individual victim. Outside factors may also affect their injuries, including the victim’s physical build or weather conditions during the time of the accident.

However, as a typical rule of thumb, the more severe the injury is, the higher its payout may be. Cases with permanent or significant losses may be worth more. Higher settlements may be expected in cases involving:

  • Fatal injuries
  • Severe injuries requiring years of treatment
  • Permanent, incurable disabilities
  • Diminished quality of life

Ultimately, any type of accident may be as dangerous as the next under certain circumstances. For example, a slip and fall case may cause a traumatic brain injury (TBI), while a high-speed semi-truck accident may only lead to minor scrapes and bruises.

Personal injury cases are examined on a case-by-case basis to see how much compensation a victim may deserve. In the event that a loved one suffers a fatal injury, can seek compensation on your behalf proportionate to the losses suffered.


What Is a Good Personal Injury Settlement Amount?

A good personal injury settlement will allow you to recover your losses from the accident that injured you. Your payout should reimburse you for:

  • Diagnostic testing
  • Surgery
  • Physical therapy
  • Medication

To determine a good personal injury payout amount, review all the details of your case. Total your losses from the accident by adding the cost of your hospital bills and treatment. Speak with a medical expert to estimate the cost of future care you may also need.

How Much is Rewarded for Different Cases

When it comes to accident cases, the amount of money awarded in compensation varies a lot from case to case. Overall, the median amount given to the plaintiff for any case is $31,000, and half of the cases usually don’t receive more than $24,000.

Product liability has the highest average compensation of $748,000, and motor vehicle accident claim have the lowest at $16,000 being the average payout. That’s a pretty big difference between the two!

Other average payouts include:

  • $90,000 for premises liability
  • $100,000 for intentional tort
  • $679,000 for medical malpractice

It’s clear that you can get a lot of money for personal injuries so it’s not hard to see why there are so many claims.


Laws That May Reduce Your Personal Injury Settlement

Depending on your case, state laws may reduce your settlement amount. For example, car accidents that happen in fault states are subject to comparative negligence laws. If you are at 10% at fault for the accident, your financial win will be reduced by 10%.

Additionally, some states utilize the modified comparative negligence rule. If you are found to be 51% at fault for the accident, you won’t be able to collect any compensation. Teaming up with a personal injury lawyer will help you recover the full settlement you deserve.

For example, Alabama follows a fault-based system with contributory negligence rules. And even if you were partially to blame for your accident on someone else’s property, your slip and fall attorney could still help you collect a portion of compensation based on your percentage of fault.

Similar Accidents May Result in Different Payouts

Just because a truck accident causing neck and back injuries settles for $490,000, that doesn’t mean you should expect the same outcome for your truck accident. Results may vary, even between similar situations.

For example, if you suffer whiplash from a car accident, but that injury resulted in you also missing two weeks of work, you may receive more than the average personal injury settlement than someone who did not miss any work while suffering from a similar injury.

What to Do if You Have a Personal Injury

As you can see, personal injuries aren’t uncommon. Whether you’re at work or out for an evening walk, they can happen anywhere at any time! If you have a personal injury, the first thing you need to do is visit a medical professional who can check your injuries and treat them properly.

You should also find an experienced personal injury lawyer who can help you make a claim. If you’ve been injured and it wasn’t your fault, don’t sit by and let the consequences affect your life. Take action and get the help you need!

Personal Injury Lawyers May Be Able to Help Your Case

Many accident victims turn to personal injury lawyers for legal guidance. Working with a lawyer can benefit your case in multiple ways. Your lawyer can:

  • Ensure your rights are protected
  • Gather evidence to prove your case
  • Calculate your total losses related to the accident
  • File your lawsuit before the statute of limitations expires
  • Negotiate a reasonable settlement:

Your personal injury lawyer will do everything in their legal power to try to protect your right to compensation. While no lawyer can guarantee you get the average settlement for a personal injury, your legal team will work to demonstrate just how severely the accident impacted your life.


Get the Help You Need

If you’ve suffered a personal injury because of someone else’s negligent or wrongful conduct, you may be entitled to significant compensation. Contact Us and learn more about the legal services we provide and to schedule your free consultation.