Serious Personal Injury - Lawsuits, Average Claim Values

A mistake made valuing a pending claim for serious personal injury can be devastating. Horror stories abound because adjusters are notoriously quick settling claims - before the full extent and future cost of medical treatment are discovered. To reach a rational decision, a doctor must assign "maximum medical improve," estimate future medical costs, and determine the extent of permanent disability, if any.

Only after discovering the medical basis of the claim, an injured party may then begin the process of evaluating fair settlement amounts. Be aware, most claims are subject to a statute of limitation which requires either the claim to be settled or suit filed to preserve the validity of the potential cause of action. Limitation periods vary widely.

How Much Is Your Serious Personal Injury Worth?

In general, most state laws allow recovery for actual out-of-pocket expenses, consequential damages that result as the natural consequence of an accident, compensation for permanent impairment and serious personal injury, pain, suffering, mental anguish, and perhaps punitive damages in limited circumstances based on outrageous conduct (i.e. gross recklessness or wanton disregard for the rights or safety of others).

Workers compensation acts generally place sever caps on maximum recoveries allowed, far below amounts authorized in typical automobile-negligence causes of action. Medical malpractice causes of action are frequently subject to maximum damage caps as well, however allow significantly higher recoveries as compared to compensation acts. Many other caps and/or limitations may apply depending upon the legal basis of liability. See also: How serious personal injury cases are evaluated by adjusters, lawyers, and juries, with lawyer search issues explained.