Courts in the United States process millions of filings a year. These filings include criminal, civil, and bankruptcy cases. While criminal matters account for most of these statistics, civil matters such as personal injury claims are minimal. A personal injury claim is a type of lawsuit filed when an individual is injured due to the negligence of another party.
According to the US Department of Justice, Bureau of Statistics, data estimates for personal injury matters are as follows:
- 52% were from auto accidents.
- 15% were from medical negligence.
- 5% were from product liability.
Several factors can affect the outcome and compensation you deserve in a personal injury claim. For this reason, you should seek the counsel of personal injury lawyers in Carmel to support you throughout the proceedings. A personal injury attorney will build your case, prepare evidence, and represent you to protect your rights.
Statistics for Personal Injury Settlements
According to recent statistics, nearly 95% of civil suits end in a settlement. A settlement may be offered at any stage in the claims resolution process—before filing the case or at the end of proceedings. No matter the stage parties choose to settle, the objective of a settlement is the same. It is a consideration (monetary) for a plaintiff not to pursue the matter in court.
This process poses risks for both parties. The plaintiff may receive a lower amount than they would obtain from a court verdict, and the defendant pays to avoid liability in a trial that could go either way.
Statistics from the U.S. Department of Justice reveal that only 4% or 5% of personal injury claims make it to the courthouse. Most of these cases are settled out of court. A survey by the US Department of Justice revealed the success rates for personal injury suits as follows:
- In motor vehicle accidents, the success rate was 61% in favor of plaintiffs.
- In claims involving intentional torts, the plaintiff’s success rate was 50%.
- In premises liability claims, the success rate was 39% for plaintiffs.
- Product liability claims had a 38% success rate for plaintiffs.
- Medical negligence claims had a 19% success rate for plaintiffs.
In personal injury matters, 56% of the judges sided with the plaintiff, and 51% of juries voted in favor of the plaintiff.
How Much Can You Expect in a Personal Injury Claim Settlement
Most plaintiffs take their personal injury claims to court because they disagree on a fair settlement. When you decide to take a personal injury claim to court, consult with an experienced personal injury lawyer in Carmel to discuss the risks and possibilities.
According to the U.S. Justice Dept., the average settlement amounts for personal injury claims are as follows:
- The median award for all cases is $31,000.
- The average amount for personal injury claims from vehicle accidents is $16,000.
- The average amount for premises liability claims is $90,000.
- Intentional torts had an average payout of $100,000.
- For medical malpractice, the median award is $679,000.
- Product liability claims had a $748,000 payout.
Five Factors that Affect the Outcome of Your Claim
Working with personal injury lawyers, Carmel residents can be assured their rights are protected and a strong case will be built to present these five factors that affect the outcome of your claim to the court.
The Severity of the Injury
The more severe the injury is, the more likely you will be to receive fair compensation. Some injuries that often lead to a successful personal injury claim include broken bones, traumatic brain injuries, spinal cord injuries, and psychological injuries.
Evidence of Injury
The more evidence you have, the stronger your case will be. Evidence can include medical records, photographs, witness statements, and other documentation relevant to the claim.
Cost of Treatment
Courts will typically award an amount of compensation that is proportional to the cost of medical treatment. The more expensive the medical treatments, the more likely you will be to receive damages.
Who is at Fault?
To receive compensation for a personal injury claim, you must prove that the other party is at fault for your injury. Proof involves demonstrating that the other party was negligent in some way, either through their action or inaction. If you can prove that the other party was liable for the injury, you will be more likely to receive a favorable outcome.
Proof of Negligence
You must prove that the other party’s negligence caused your injury. You must show that the other party did not take reasonable steps to prevent the injury. Evidence can include witness statements, photographs, and medical records. If you provide sufficient proof of negligence, you can secure a successful outcome for your personal injury claim.
Contact Carmel Personal Injury Lawyers at Wagner Reese
When you file a personal injury claim, understanding the key factors that affect the outcome of your case is essential. These factors include the severity of the injury, evidence of injury, cost of treatment, who is at fault, and proof of negligence. These factors play a role in determining whether you receive a favorable outcome.
With so much at stake, consider working with an experienced Carmel personal injury lawyer who can help you gather the necessary evidence and fight for the compensation you deserve.
Contact Wagner Reese personal injury lawyers for a free case assessment. We love to help our clients protect their future and get what they deserve.