What Is the Average Settlement for a Phoenix Personal Injury Case?
September 29, 2023 | Personal Injury
Insurance companies dislike paying claims, and they will often fight as hard as they can to avoid doing so. As such, when you pursue an injury claim after an intentional or negligent injury, the at-fault party and its insurer will frequently present a tough defense. They may blame you for your injuries or argue that they were pre-existing conditions.
Another thing that insurers hate, though, is having to pay lawyers to fight cases that they will lose. Thus, a case may settle when the victim’s interest in getting fair compensation without waiting for a trial aligns with the insurer’s interest in avoiding the risk of a large jury award.
Damages You Can Recover in a Settlement
To start, an average personal injury settlement does not truly exist. Every case is unique, and many factors determine the settlement amount that will be paid. These aspects are so distinctive, in fact, that the settlement you may pursue for your injuries will differ from the settlement someone else in the same predicament could pursue for theirs.
In any case, the compensation you can seek for your injuries will include both your economic and non-economic losses. Economic losses encompass the financial costs of your injuries and may include the following:
- Past and future medical bills
- Income losses
- Diminished earning capacity
- Out-of-pocket expenses
Non-economic damages cover the diminishment in your quality of life due to your injuries, including such aspects as:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of sexual relations
As their name implies, you cannot put a price tag on these losses. Instead, they arise from the totality of the circumstances at hand.
Factors That Influence a Settlement
No lawyer can predict an average personal injury settlement, and they cannot predict the value you may receive until they know the details of your case. With that said, some factors that influence the value of a settlement include the following:
The Severity and Duration of Your Injuries
How bad your injuries are will tend to predict your future medical bills, and it will also predict the disabilities you will suffer.
More profound disabilities will have a greater effect on your ability to work and care for yourself, and injuries that last a long time or cause permanent disabilities will typically require more treatment and therapy than temporary injuries, thus impacting your ability to work.
The Impact on Your Quality of Life
Severe and permanent injuries will undoubtedly greatly impact your quality of life, but even some “minor” injuries can severely affect your quality of life. A cut to the face from glass sent flying in a car accident might tear off a piece of your ear, leaving you disfigured for the rest of your life.
The At-Fault Party’s Insurance Coverage
Most injury cases involve an insurance claim, and the at-fault party’s policy limits will determine the limit of their insurer’s financial exposure. If your losses exceed those limits, the at-fault party must make up the difference.
As an example of how one state operates, Arizona requires car owners to carry bodily injury liability (BIL) coverage of at least $25,000 per person, up to $50,000 per accident. If you have $40,000 in damages, the insurer can only kick in $25,000, and the at-fault party must pay the additional $15,000. But if they lack the resources to cover these losses, you may need to settle for less.
Evidence of Comparative Fault
Using the same state as an example, Arizona uses a pure comparative fault law – this means if you bear some responsibility for your injuries, your losses will be reduced by your share of the fault. Thus, if you were found 25% at fault for your injuries, you can only receive 75% of your damages.
Settling Your Personal Injury Case
One last factor that can affect the average personal injury settlement you receive is whether you hire an injury lawyer. An attorney has the knowledge and experience to assess the value of your case and fight for a fair settlement based on your circumstances.
Contact the Arizona Personal Injury Lawyers at Curiel & Runion, PLC Today
Curiel & Runion Personal Injury Lawyers
5151 E Broadway Blvd. Suite 1600
Tucson, AZ 85711