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Lump Sum Payment Workers Compensation – Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of lawyers.
See average personal injury settlement amounts and jury awards for various injuries. Explore factors that may affect your total compensation.
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It is important to be realistic about your personal injury claim and its settlement potential. While you never want to undervalue your claim, you do want to avoid thinking your claim is worth substantially more than it is.
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Here you can explore average settlements for different types of injuries, understanding that no two injury events are the same. The injuries sustained by one person in a car accident or slip and fall may be completely different from those sustained by another person in a similar accident.
Don’t let the adjuster convince you that the insurance company will settle all similar injury claims for the same amount. Make your own settlement value calculations or visit a personal injury attorney for a professional case evaluation.
Soft tissue injuries include injuries to the muscles, tendons, or ligaments. These usually result in pain and discomfort accompanied by swelling and bruising. Soft tissue injuries can also include lacerations and contusions.
Most soft tissue injuries, including mild whiplash injuries, will settle for $2,000 to $5,000. The settlement amount is based on one or two visits to a family doctor or urgent care, a few days off from work, and a minimal amount for pain and suffering.
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The more medical evidence you have, the higher your settlement for bodily injury is likely to be, as long as the evidence is clear and convincing.
Insurance adjusters look at soft tissue injury claims with a critical eye. Because an X-ray or CT scan cannot easily verify most soft tissue injuries, adjusters tend to be skeptical of extended treatments and high pain and suffering claims.
Rachel was in the front passenger seat of Helen’s car. The women had just finished eating lunch and were slowly leaving the restaurant’s parking lot when another customer stepped out of a parking space without being seen.
Helen hit the brakes, but there was enough contact with the other car to deploy the airbags. Rachel was thrown forward, only to be thrown back again by the force of the airbags and seat belts.
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Both women were injured and shocked. Rachel called her husband to take her to urgent care. She suffered some bruising from the seat belts and bruising to her face from the airbag.
The doctor gave Rachel a note to take the next day off work, which was a Friday. She would follow up with her GP if she still had discomfort on Monday. By Monday, Rachel had fully recovered from the car accident and returned to work. She did not seek further treatment.
Rachel sent a car accident claim letter for $1,500 to the driver’s insurance company, with copies of her medical bills, lost income statement and treatment records.
Medical costs for head injuries alone can range from under $1,000 for mild concussions to anywhere from $85,000 to $3 million for traumatic brain injuries.
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Concussions are common injuries in car accidents and falls, where the victim’s head hits the interior of the car or another hard surface. Some concussions are caused by the head snapping violently back and forth in response to a sudden impact.
Mild concussion injury claims typically settle for $5,000 to $10,000, including lost wages and a nominal amount for pain and suffering, depending on the age and income of the victim.
Severe brain injuries can have catastrophic consequences. Lost income potential on top of staggering medical costs makes values of traumatic brain injury in the multi-millions.
Twins Jordan and Jaden Biggs were born at MedStar Harbor Hospital in Baltimore, Maryland. While Jaden was healthy at birth, Jordan experienced some breathing problems immediately after birth. He was stabilized and transferred to the Special Care Nursery, where he was initially healthy and able to breathe on his own.
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Within 15 minutes, Jordan was in distress. Within 40 minutes, Jordan’s condition deteriorated, leaving him blue from dangerously low oxygen levels.
By the time Jordan was intubated and put on a ventilator, he had high levels of acid in his body fluids and suffered three seizures. Later that day, after being transferred to Johns Hopkins Newborn Intensive Care Unit, Jordan was found to have brain damage, likely caused by a lack of oxygen.
His family sued for medical malpractice, alleging Harbor Special Care Nursery mishandled Jordan’s care when he struggled to breathe, resulting in his permanent brain injuries. On the trial date, Jordan was 14 years old, suffering from cerebral palsy and various disabilities, requiring round-the-clock care.
The jury found for the family, awarding roughly $1.2 million for past medical expenses, $32.2 million in future medical expenses, and $1.4 million in future lost earnings.
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The family’s lawyers deliberately avoided seeking compensation for “pain and suffering,” because of Maryland’s cap on non-economic damages.
Neck or back injuries that require surgery become high-dollar insurance claims, with settlement values ranging from $150,000 to $500,000, depending on the victim’s age and employment status.
Spinal surgery to repair a herniated disc can cost from $80,000 to $150,000. Follow-up physical therapy can add another $10,000. The victim may be out of work for three to six months after successful treatment.
Glenn Barrowman was a worker who fell 12 feet from a scaffold to a concrete floor, hitting a scaffold plank as he fell.
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As a result of the accident, Barrowman suffered herniated discs and a ruptured disc in his back that required two surgical procedures on his neck and lower spine, both involving spinal fusions and bone grafts.
Medical experts testified that Barrowman would require repeated surgeries in the future and that he would be in pain for the rest of his life.
The jury found in favor of Barrowman, $46,000 for medical expenses, $1 million for future loss of earnings, and $3 million for past and future pain and suffering. The award was upheld on appeal.
Uncomplicated arm or shoulder area fractures typically settle for $5,000 to $10,000, including medical treatment costs, a few weeks of physical therapy to restore mobility, lost wages, and a nominal amount for pain and suffering.
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The higher end of the settlement range is likely if the injured person is without work for six to eight weeks because they cannot perform their job tasks without the use of both arms.
Surgical treatment of a broken arm can run as high as $16,000. Adding lost wages, replacement services and pain and suffering, a reasonable settlement can range from $30,000 to $75,000.
Medical treatment costs for a dislocated shoulder can run as high as $8,000. The cost for surgical repair of a torn rotator cuff can vary from $3,000 to $15,000 depending on whether the surgery is performed in a hospital outpatient setting.
Phyllis and her husband had just sat down at a local restaurant. As she tried to move her chair closer to the table, one of the chair legs broke, dumping Phyllis abruptly onto the floor.
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Phyllis landed hard on her right arm and shoulder. She immediately felt pain and could not raise her right arm. Her husband drove her to the nearby hospital, where X-rays revealed a broken clavicle (clavicle).
Opting for non-surgical treatment, Phyllis wore a sling to immobilize her arm and shoulder for a month, followed by two weeks of physical therapy to gradually restore strength and mobility.
Because she worked in a school cafeteria, Phyllis missed six weeks of work until her doctor cleared her to have full use of her right arm.
Phyllis submitted a claim to the restaurant’s insurance company for $12,000, along with copies of her medical records, bills for medical treatment and a pay stub from her employer. After a few rounds of negotiations, she settled her injury claim for $8,000.
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Severe knee, leg, or foot injuries typically require surgery, intensive therapy, and a long recovery. Compensation values can range from $10,000 for simple fractures to $10 million for traumatic amputations.
Knees are particularly vulnerable to injury in motor vehicle accidents and trip and fall accidents. Knee injuries that require surgical or arthroscopic repair can lead to settlements ranging from $68,000 for a knee fracture to $240,000 for ligament tears that require ACL surgery.
Christopher Armstrong-Stevenson suffered a broken femur after a slip-and-fall on spilled detergent in a Safeway grocery store. The injury required surgery and extensive rehab, leaving Armstrong-Stevenson with permanent leg problems that limited his ability to do the things he did before the accident.
Not only did the store refuse to pay the settlement amount Armstrong-Stevenson was seeking, his lawyer claimed the store tried to cover its liability by destroying surveillance videos of the incident, and “fiddling” with store records.
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The jury agreed, awarding Armstrong-Stevenson $102,000 in medical and therapy costs, $525,000 for pain and suffering, and $1 million in punitive damages.
Under Oregon state law, 70 percent of punitive damages go to the state for a
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