If you have sustained injuries due to another person’s carelessness in South Carolina, you may be wondering how much money you should ask for in a personal injury settlement. Determining the right amount can be challenging as there are many factors to consider. At McCravy, Newlon, Sturkie & Clardy, our experienced Spartanburg personal injury attorneys have helped countless clients receive fair compensation for their injuries. In this guide, we will discuss what goes into determining a settlement amount and how much to ask for in a personal injury settlement.
Factors That Impact Settlement Amounts
Several key factors affect how much you may be able to receive in a personal injury settlement:
- Severity of your injuries: More severe injuries that require extensive medical treatment, miss more time from work, and have a greater impact on your life will generally result in higher settlements. Permanent injuries and disabilities can significantly increase a settlement amount.
- Fault and liability: In South Carolina, the amount you can recover is reduced by your percentage of fault in causing the accident. If the other party is 100% at fault, you can pursue full damages. But if you are found 20% at fault, your recovery would be reduced by 20%. Proving the other party is primarily liable will maximize your settlement.
- Insurance coverage: The at-fault party’s insurance policy limits can cap your recovery, even if your damages exceed those limits. Your uninsured/underinsured motorist coverage on your auto policy can provide additional compensation in some cases.
- Lost wages: Your settlement should include compensation for any lost income from missing work while recovering from your injuries. Higher wage earners may be entitled to larger settlements.
- Property damage: If your vehicle or other personal property was damaged in the accident, repair or replacement costs should be part of your settlement demand.
- Pain and suffering: You deserve to be compensated for your physical pain, emotional distress, inconvenience, and loss of enjoyment of life caused by the accident. Putting a dollar figure on these “general damages” can be complex.
Knowing what your case is worth requires carefully evaluating all of these factors. An experienced personal injury lawyer can assess your unique situation to determine an appropriate settlement to demand from the insurance company.
Maximizing Your Personal Injury Settlement
While every personal injury case is unique, taking the right steps can significantly increase your chances of securing maximum compensation for your injuries. Understanding the legal process and making informed decisions early on can strengthen your claim and ensure you receive the full financial recovery you deserve.
- First, it is crucial to seek immediate medical treatment and follow your doctor’s recommendations. This not only confirms the severity of your injuries but also demonstrates that you took appropriate steps toward recovery.
- Additionally, thorough documentation can make a substantial difference in the outcome of your case. Keeping detailed records of medical treatments, accident reports, witness statements, and photographic evidence of injuries or property damage helps establish liability.
- Another important factor is avoiding direct communication with the insurance company, especially recorded statements. Insurers often look for ways to downplay claims, so it is best to let your attorney handle all discussions to prevent any misinterpretation of your words.
- Timing is also critical. South Carolina law generally allows three years from the date of injury to file a personal injury lawsuit. Failing to take action within this time frame could bar you from seeking compensation altogether.
- Being prepared to go to trial, if necessary, is another key consideration. While many personal injury cases are settled outside of court, insurance companies are more likely to offer fair settlements when they know you have legal representation ready to fight for you at trial.
- Finally, hiring an experienced personal injury attorney in Spartanburg is one of the most effective ways to protect your rights and secure fair compensation. A skilled lawyer understands how to counter insurance tactics, build a compelling case, and negotiate aggressively on your behalf.
How Much Is the Average Personal Injury Settlement?
Data on average personal injury settlements varies widely, so it is hard to state an “average” amount as settlements are highly dependent on individual factors in each case. However, the Rocky Mountain Insurance Information Association estimates the average is around $24,000, with settlements ranging from $3,000 to $75,000.
More severe injury cases can have substantially higher values. For example, the average settlement for a traumatic brain injury is $268,573, and spinal cord injury cases average $682,715. Permanent disability cases may settle for over $1 million.
Remember that average settlement figures include low offers and do not necessarily represent fair value for a case. Rather than focusing on average amounts, the analysis must center on how much your particular case is worth. An experienced Spartanburg personal injury attorney is in the best position to value your unique case.
Sample Personal Injury Settlement Amounts
To give you an idea of potential settlement values for different types of personal injury cases, here are some sample settlements and verdicts:
- $95,000 settlement for a neck injury from a car accident
- $450,000 settlement for a back injury requiring surgery from a slip and fall
- $500,000 settlement for chronic pain from a trucking collision
- $900,000 jury verdict for a pedestrian hit by a drunk driver
- $1.5 million settlement for wrongful death in a motorcycle crash
Of course, these are only examples and do not guarantee a particular result in your case. However, they illustrate the wide range of potential settlement amounts based on the unique facts of each case.
Let Our Law Firm Help with Your Personal Injury Settlement
Knowing how much to ask for in a personal injury settlement in South Carolina can be difficult. You need a number that fairly and fully compensates you, but you do not want to demand an unreasonable figure that prevents productive settlement talks. The Spartanburg personal injury lawyers at McCravy, Newlon, Sturkie & Clardy can help you determine an appropriate settlement amount in your case and aggressively advocate to obtain the maximum recovery possible.
We offer free consultations to discuss your case with no obligation. Contact us today to get started and see how much you may be able to receive in your personal injury settlement. With our experienced attorneys on your side, you can have confidence your case is in capable hands.