How Much to Ask For in a Personal Injury Settlement in Philadelphia, PA?

If you or a loved one was injured in an accident, a personal injury attorney can file a claim for monetary damages to compensate you for your losses. However, in many cases, a personal injury lawsuit never goes to court. Instead, it is settled for an agreed-upon amount even before a lawsuit is filed. This is known as a settlement.

In practice, the vast majority of personal injury cases are settled. The US Bureau of Justice Statistics (BJS) reports that, in around 95 percent of cases, the parties reach an agreement out of court and never proceed to a trial.

When determining how much to ask for in a personal injury settlement in Philadelphia, consider your:

• Medical expenses
• Lost wages
• Future medical needs
• Non-economic damages like pain and suffering.

A general guideline is to apply a multiplier to your actual damages, depending on the severity of your injuries and the impact on your life.

Consulting a Philadelphia personal injury attorney is invaluable to ensure you demand an amount that fully compensates you for your losses.

 

 

Types of Personal Injury Claims in Philadelphia

While personal injury claims encompass a wide range of situations, some of the most common in Philadelphia include:

• Traffic Accidents: These involve collisions between vehicles (cars, trucks, motorcycles) or vehicles and pedestrians/cyclists. Negligent driving behaviors like distracted driving, speeding, and drunk driving often contribute to these accidents.
• Premises Liability: These claims arise when someone is injured on another person’s property due to hazardous conditions, such as slip and falls, inadequate security, or dog bites.
• Product Liability: When a defective product causes injury, the manufacturer, distributor, or seller may be held liable. This includes defective car parts, dangerous toys, and faulty medical devices.
• Medical Malpractice: These claims involve negligence by healthcare providers, such as misdiagnosis, surgical errors, or medication errors, that result in injury or death.

Important Note: In some cases, a personal injury claim can become a wrongful death claim if the victim dies from their injuries. If your injury occurred at work, you may have a workers’ compensation claim instead.

 

 

Why Do Some Personal Injury Defendants Settle in Philadelphia?

If a case is particularly strong and the defendant’s liability is irrefutable, neither side gains anything from going to court. It makes more sense for everyone involved to hammer out a fair settlement agreement and move on.

In personal injury cases involving car accidents, medical malpractice, or product liability – where the injuries may be severe, and the liability of the defendant is clear – the amount of money victims obtain can vary and depends on several factors.

Some of these factors can include the victim’s:

• Age
• Occupation
• Type of Injuries
• Prognosis

If you are considering filing a claim, it is important to understand how the attorneys for the plaintiff, the defendant, and the insurance companies determine the amount of money you may receive. Factors like the victim’s age, occupation, injuries, and prognosis significantly impact the potential settlement amount.

 

Is There a Formula to Determine a Philadelphia Personal Injury Settlement Amount?

How much to ask for in a personal injury settlement isn’t a number that you determine. When your attorney opens your personal injury case, the insurance adjuster uses a formula to determine how much your case is worth.

In general, they add up the medical expenses and multiply that number by anywhere from 1.5 to 5, depending on the severity of the injuries. Then they add lost wages to that number, and this determines the starting point for negotiations.

 

 

What Other Factors Determine the Award Amount?

If a personal injury case goes to trial, a judge or jury decides how much money to award the victim. When attorneys negotiate a settlement out of court, the amount of money to be awarded may go up or down from the original formula depending on the unique circumstances of the case. Some factors that determine the settlement amount include:

• How the lawyers think the case will do in a trial – this can include several factors, including the existence and reliability of witnesses to the accident. If settlement negotiations fail, the case might still go to trial, so it is important to know in advance if there is a chance of winning.
• The extent of the injuries/damage – in cases of permanent disability, severe emotional suffering, or wrongful death, awards are likely to be much higher than in other cases.
• The liability of the defendant – beyond determining whether or not the defendant is guilty of causing harm, there is also the question as to material proof that the defendant directly caused the injury, either through malicious intent or neglect.
• The material wealth of the defendant — even if punitive damages are awarded, you might never be able to collect the money. The amount of the award is always limited by the resources of the defendant or the insurance company.

For context, you might want to research the median settlement for a case that is comparable to your own. The median is not the same as the average; it is simply the middle of the pile of all comparable cases. There is usually a wide range of settlement sizes, and the median number may not tell you anything about the amount of compensation you will receive for your specific case.

 

Punitive Damages in a Personal Injury Settlement

When a case goes to trial, a court is at liberty to award emotional damages based on what they think would be appropriate in the specific case. In some cases, a jury will award punitive damages to a plaintiff. This is an amount of money on top of what the injured party is already entitled to receive, and it is meant to punish the defendant for acting in a way that caused injury to another.

For example, if a driver runs a red light and causes an accident, a person injured in that accident could get “extra” compensation to punish the driver for being reckless. If the negligence of the defendant resulted in a death, the amount of punitive damages awarded is likely to be higher.

Likewise, if the defendant is a large corporation, amounts could be even higher. Punitive damages can also be awarded in a settlement; ask your attorney about this possibility.

 

 

Your Legal Damages in Your Philadelphia Personal Injury Claim

If you are injured by someone else’s negligence in the State of Pennsylvania, you can seek compensation for your losses – what the law calls damages – in a personal injury claim. While every personal injury claim is unique to the situation and the specific circumstances involved, the primary categories of legal damages remain the same. 

Your Medical Costs

Depending upon the seriousness of the injuries you’ve sustained, your medical expenses can be extensive. If you also suffer secondary health concerns related to your primary injuries, you can expect the medical expenses you incur to be ongoing. Some of the most common medical charges include: 

• Care from emergency medical professionals at the scene of the accident and emergency transportation from the scene
• Surgery and follow-up care
• Hospital stays
• Medical care from doctors, specialists, and other medical professionals
• Medical treatments, procedures, and tests
• Prescription medication
• Physical and/or occupational therapy
• Rehabilitation
• Adaptive physical devices
• Home health care
• Pain management 

 It is important to have a full accounting of your medical expenses and a prognosis that addresses any future medical costs before accepting a settlement offer.  

Your Lost Income

 You have been injured, and as a result, you are very likely to miss work and to experience a dip in earnings. If your injuries interfere with your ability to do your job, it can affect your career path and your earning potential. If you’re unable to return to work at all, the matter is that much more serious.

Another important point to make about losses that relate to your career is that – because our careers and our sense of self are often intertwined – they can include a strong emotional component that should not be overlooked. 

Your Pain and Suffering

While your financial losses – as they relate to lost earnings and medical bills – are far easier to tally, the physical and emotional pain and suffering you endure as a result of someone else’s negligence should not be discounted. The emotional toll a violent car accident, for example, can take on you can be immense, including psychological symptoms like the following:

• Severe mood swings
• Accident flashbacks that can interfere with daily living
• Increased anxiety that can include anxiety attacks
• Increased irritability
• A tendency to self-isolate and/or to push others away
• Sleep disturbances that can include insomnia, nightmares, and/or night terrors
• Difficulty concentrating

A key challenge with these emotional consequences is that they can leave victims with less emotional support from loved ones and family members just when that support would be most beneficial. 

One of the most important elements of your personal injury settlement is ensuring that your complete physical, financial, and emotional damages are well represented. The surest path toward regaining your health and well-being to the extent possible is with the compensation to which you are entitled to support your recovery efforts.

 

 

What Happens in a Personal Injury Lawsuit?

When you pursue a personal injury lawsuit, several critical stages take place before a resolution is reached. 

Filing the Complaint

The process begins with filing a complaint in court. This legal document outlines your claims, the damages you seek, and the parties involved. Once the complaint is filed, the defendant is formally notified and has the opportunity to respond.

Pretrial Proceedings

After the complaint is filed, pretrial proceedings begin. This phase includes court conferences, setting timelines, and exchange of evidence. During this time, both parties may also engage in settlement discussions to resolve the case without going to trial.

Motions

Throughout the lawsuit, either party can file motions to request specific rulings from the court. Common motions include those to dismiss the case or to compel the other party to provide evidence. These motions can significantly impact the direction of the lawsuit.

Discovery and Depositions

Discovery is the process where both sides gather evidence. Depositions are part of discovery, where witnesses and parties are questioned under oath. This stage is critical for building your case and understanding the opposing side’s arguments.

Trial

If the case doesn’t settle, it proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury. The trial concludes with a verdict, which determines the outcome of your personal injury claim.

 

 

How Long Do I Have to Settle a Personal Injury Claim?

In Pennsylvania, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. This means you must either settle your claim or file a lawsuit within this two-year window, or you may lose your right to seek compensation. It’s important to act quickly because gathering evidence and negotiating with insurance companies can be time-consuming.

If your injury occurred at work, different deadlines apply under Pennsylvania’s workers’ compensation laws. Typically, you must report the injury to your employer within 120 days to be eligible for workers’ compensation benefits. Additionally, you have three years from the date of the injury to file a workers’ compensation claim.

Another legal deadline to be aware of is the statute of repose. In Pennsylvania, this law limits the time in which you can bring certain claims, such as those related to defective products or construction defects. The statute of repose generally bars claims made more than 12 years after the product was first sold or the construction was completed.

Understanding these deadlines is crucial to protecting your rights and ensuring that you receive the compensation you deserve. If you’re unsure about how these laws apply to your case, consulting a personal injury lawyer in Philadelphia can provide clarity and guidance.

 

Why Your Personal Injury Claim Is Likely to Settle

You have been injured by someone else’s negligence and have filed a personal injury claim as a result. The fact is that the vast majority of personal injury claims settle out of court, and this means that the insurance company handling your claim will ultimately offer a settlement that covers your losses in their entirety and that you – with your dedicated Philadelphia personal injury attorney’s guidance – will accept this offer.

 

Advantages of Working with an Accident Injury Lawyer

To protect your legal rights while pursuing your rightful compensation, working closely with a seasoned Philadelphia personal injury lawyer is well advised for all the following reasons:

Gathering Proof: In their efforts to build your strongest claim, your attorney will compile all the available evidence involved.

Settlement Negotiations: Your attorney will skillfully negotiate with the insurance company for just compensation. 

Litigation and Trial: Your attorney will be well prepared to file a lawsuit and proceed to court if the insurance company is unwilling to negotiate in good faith. 

Get Legal Help with Complex Personal Injury Cases

If you’ve been injured and are unsure of how much to ask for in a personal injury settlement, don’t leave your future to chance. At Mattiacci Law, our experienced attorneys are dedicated to fighting for the compensation you deserve. We understand the complexities of personal injury cases in Philadelphia and will guide you through every step of the process.

Take the first step towards securing your rightful compensation—contact us today for a free consultation. Call us at 215-709-7915 to discuss your case with a skilled attorney.

 

 

FAQs About Personal Injury Settlements in Pennsylvania

Do I have to testify in a personal injury case?

Yes, if your case goes to trial, you must take the witness stand to help prove your case. Your attorney will ask questions, and the opposing lawyer will also have a chance to ask questions during cross-examination.

What is a good settlement figure?

A good settlement figure depends on various factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. In general, a fair settlement should cover all your financial losses and provide compensation for pain and suffering. Consulting with a personal injury lawyer can help you determine what a reasonable figure might be for your specific case.

What is the formula for personal injury settlements?

There is no single formula for calculating personal injury settlements, but a common method involves adding up your economic damages (medical bills, lost income, etc.) and then multiplying that amount by a factor that reflects the severity of your injuries and emotional distress. This multiplier is typically between 1.5 and 5, with more severe injuries resulting in a higher multiplier.

How much do lawyers take from settlements in Pennsylvania?

In Pennsylvania, personal injury lawyers typically work on a contingency fee basis, meaning they take a percentage of the settlement amount. This percentage usually ranges from 33% to 40%, depending on the complexity of the case and the agreement you have with your attorney. If the case goes to trial, the percentage might be higher.

How do you negotiate a successful settlement?

To negotiate a successful settlement, gather strong evidence to support your claim, including medical records, witness statements, and documentation of financial losses. Present a clear demand letter to the insurance company, outlining your case and desired compensation. Be prepared to negotiate and consider the insurance company’s counteroffers carefully.

What if I was hurt at work?

You may still have rights under Pennsylvania law if you were injured in a workplace accident or suffer from an occupational illness. The legal process is different but still complex. Getting help from a lawyer is advised.

 

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