What is the Average Personal Injury Settlement Amount?
March 31, 2025 | Sagi Shaked | Personal Injury
If you’ve been injured in an accident caused by someone else’s negligence, you might be wondering how much compensation you could receive for your injuries. While it’s impossible to give an exact “average” personal injury settlement amount, there are several factors that determine how much money you could get. The amount can vary depending on the seriousness of your injury, the type of accident, and the degree of fault involved. In this blog post, we’ll explain how personal injury settlements are determined, how Florida law affects settlements, and what you can expect from the process.
What Determines the Average Settlement Amount?
Personal injury settlement amounts differ from case to case. There is no “one-size-fits-all” answer. However, the settlement amount is generally based on a few key factors. These include the severity of your injuries, your medical bills, lost wages, the level of fault, and how much the responsible party’s insurance will cover. Here are some of the most important factors that influence personal injury settlements:
1. Severity of Your Injuries
One of the main factors that will determine your settlement is how serious your injuries are. Minor injuries, like a sprained ankle, will typically result in a smaller settlement, while serious injuries like broken bones, head injuries, or permanent disabilities will likely lead to much higher compensation. The more severe the injury, the higher the potential settlement.
Florida law considers the degree of your injury when determining damages, particularly in cases where the injury is permanent or leads to long-term health consequences. The severity of your injuries is a crucial factor in determining the value of your personal injury claim.
2. Medical Expenses and Future Care
Your medical bills play a huge role in determining how much compensation you might receive. The settlement amount will likely include the cost of all your medical expenses, both past and future. If you’ve already received medical treatment, those bills will be added to your claim, as well as any expected future treatments like physical therapy, surgeries, or rehabilitation.
Florida law allows for economic damages, which include medical bills, lost wages, and other quantifiable losses. For example, if your injury requires ongoing medical care, the settlement will factor in the cost of that future care. If you have to hire a caregiver or need assistive devices, that will also be considered when calculating your settlement amount.
3. Lost Wages and Loss of Earning Capacity
If your injury caused you to miss work or impacted your ability to earn an income, you may be entitled to compensation for lost wages. Lost wages are one of the most common forms of economic damage in personal injury cases. This includes not only the wages you lost due to missing work but also any future wages if you can’t return to your job or have to take a lower-paying position because of your injury.
For example, if your injuries from a car accident left you unable to work for several months, you would likely receive compensation for the wages you lost during that time. Additionally, if you can’t perform your job to the same level of productivity or quality, you might be able to recover compensation for the loss of earning capacity.
Lost wages and the potential long-term impact on your ability to earn income can significantly increase your settlement.
4. Pain and Suffering
In addition to economic damages, you may also be entitled to non-economic damages, such as compensation for pain and suffering. This category of damages compensates you for the physical pain, emotional distress, and loss of enjoyment of life caused by your injury. In Florida, pain and suffering are considered in determining the overall settlement amount, but they are harder to calculate than medical bills or lost wages.
Pain and suffering are critical elements of your claim, especially if your injuries have caused significant disruption to your life.
5. Negligence and Fault
In Florida, the responsible party’s negligence or fault plays a key role in determining whether you are entitled to compensation. In order to recover damages, you must prove that the other party was at fault for the accident. Florida follows a modified comparative negligence rule, which means that if you are partially at fault for the accident, your settlement can be reduced by your percentage of fault.
If you are found to be partially at fault, your settlement will be adjusted to reflect your degree of responsibility for the incident. If you are more than 50% at fault, you won’t be able to recover at all.
6. Insurance Coverage
The amount of insurance available from the at-fault party can also have a big impact on your settlement. If the person who caused the accident has sufficient insurance coverage, the settlement may be based on the limits of their policy. However, if the responsible party doesn’t have enough insurance to cover your expenses, you may need to turn to your own insurance policy, such as your uninsured/underinsured motorist coverage.
In some cases, if the responsible party has no insurance at all, you might still be able to recover damages through your own insurance coverage.
The insurance coverage of the responsible party can limit or expand the settlement you are able to receive.
Florida’s Statute of Limitations for Personal Injury Claims
It’s essential to keep in mind that Florida has a statute of limitations on personal injury claims. In Florida, you typically have two years from the date of the accident to file a lawsuit. If you don’t file within this period, you may lose the right to seek compensation.
The statute of limitations is an important consideration because waiting too long can prevent you from getting the compensation you deserve. That’s why it’s essential to act as soon as possible after an accident. Filing your personal injury claim within the statute of limitations is crucial to ensuring you don’t lose your legal right to seek compensation.
Types of Damages You May Be Able To Recover
There are two primary types of damages that can be included in your settlement:
- Economic Damages: These damages are tangible and include things like medical bills, lost wages, and property damage. Economic damages are easier to calculate because they have a specific dollar amount attached.
- Non-Economic Damages: These damages are harder to calculate because they involve pain, suffering, and emotional distress. Non-economic damages compensate you for losses that don’t have a clear financial value but are still significant, such as loss of enjoyment of life or emotional trauma.
- Punitive Damages: In rare cases, if the defendant acted with extreme recklessness or malice, you might be entitled to punitive damages.
Knowing the types of damages you may be able to recover helps you understand the full potential value of your claim.
How to Maximize Your Settlement
To boost your chances of securing a higher settlement, take these key steps:
- Collect Compelling Evidence: Document everything—photos, witness statements, medical records, and any other proof that supports your claim.
- Partner with an Experienced Personal Injury Lawyer: A skilled attorney knows how to negotiate effectively and advocate for your best interests.
By combining strong evidence with expert legal guidance, you’ll be in a much better position to receive the fair compensation you deserve.
What You Can Expect from Your Settlement
The average personal injury settlement varies depending on many factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, and the degree of fault involved. While it’s impossible to predict the exact amount you may receive, understanding how these factors work together can give you a better idea of what to expect.
Contact the Miami Personal Injury Lawyers at Shaked Law Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191
Open 24 hours