What Is Average Payout for Personal Injury Case?

  • December 16, 2020

The legal system wants each person to receive what would be considered a fair treatment. That particular goal holds true, whether that same person is the victim of a wrong, or the alleged instigator of a wrong.

Insurance companies refer to the victims as claimants, during pre-settlement negotiations

A survey of claimants has shown that a payout to the deserving claimant was made in about 70% of the personal injury cases. Courts cannot force payment of either compensation, or of a court-awarded judgment.

Yet not all personal injury cases were initiated by the named victim. Sometimes, where there was shared fault, one person has perceived him or herself as the victim, and has filed a personal injury case. Then in court, the defendant has filed a counter suit, and shown how the alleged defendant was really a victim.

Even if the defendant in the counter suit failed to deliver on a payout, the victim would still achieve a victory, to some degree. He or she would have the burden of paying money for claimed damages lifted from his or her shoulders.

What factors affect the size of the payout to the claimant?

A claimant that has sustained a serious or catastrophic injury could expect to get a larger payout than someone with minor injuries. The limits on the defendant’s insurance policy dictate to a decided degree the amount of money that might be delivered to the claimant.

Claimants that have tried to negotiate with the insurance company have reason to expect a larger payout than those that simply accepted the insurance company’s first offer. Of course, the opposite is also true.

In other words, claimants that have threatened an insurance company with a lawsuit tend to win a larger payout than those that accepted the insurance company’s terms, even if those same claimants do not proceed with the filed lawsuit. Negotiations between the 2 opposing parties can continue, even after the filing of a lawsuit.

No personal injury lawyer in Joliet can predict what a given client might be able to win by taking a case to court. Plaintiffs must have substantial evidence, along with a winning case, if any one of them hopes to win a court-ordered judgment from a judge and jury.

Do not overlook the fact that some percentage of any compensation or court-awarded judgment goes towards paying the lawyer’s contingency fee. Furthermore, if a plaintiff’s attorney has chosen to get testimony from experts, then a part of the funds awarded to the same plaintiff get used to pay each of those same experts.

By the same token, a part of the awarded funds get sent to designate lien holders. After those disbursements are completed, the plaintiff gets what is left.