What Is The Typical Size of A Settlement In A Personal Injury Case?

Many different factors influence the size of the settlement in a personal injury case. The strength of the case, the claimant’s choice for his or her lowest acceptable offer, and the presence of absence of a lawyer, all play a part in deciding the size of the agreed-upon settlement.

Still, some lawyers have collected data about the percent of cases in which claimants have received a rather generous compensation. Using the data shared by that one group of lawyers, it appears that for a collection of typical cases, about ½ of the claimants could expect to receive a payout that fell between $3,000 and $25,000. Among the remaining claimants, only a quarter of those managed to receive a payment of more than $25,000.

Just how far over $25,000 did the payments to the other claimants go? Roughly 1/6 of those that got more than $25,000 received more than $75,000.

What factors could push an insurance company to agree to such a large payout?

If the terms in the defendant’s policy, the one that must supply the requested compensation were to allow for a high limit on the payout, then it might be as high as $75,000. By the same token, if the claimant had presented a strong case, perhaps one that involved a rather serious injury, then, again, the payout might be as high as $75,000.

If a lawyer’s client were eager for a large compensation, and the client’s case was not that strong, or the defendant did not have a policy with high limits, then what could that same attorney do, in an effort to increase the size of the payout? The tactic used most frequently would involve threatening a lawsuit.

If an insurance company has made an exceedingly low offer, and has refused to increase the size of that bid, then the claimant’s lawyer could threaten to sue the same insurance company. According to the legal system, someone that has issued such threat would not be obligated to go through with that threatened action.

Still, an insurance company would not know for sure what any given claimant planned to do. For that reason, it might choose to resume the negotiations, even thought that would mean presenting a higher offer. Of course, that would be the very action that the lawyer had hoped to trigger, by threatening a lawsuit.

Personal Injury Lawyer in St. Catharines must be careful, if their chosen tactic calls for an action like threatening a lawsuit. Not all claimants could be good witnesses, if asked to appear on the witness stand in court. Not all lawyers would want to proceed with a proposed action, such as initiating a lawsuit.

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