How much money can I get from a personal injury lawsuit?
The money you can get from a personal injury lawsuit depends on your medical bills, lost income, future care needs, pain and suffering, the strength of the evidence and the insurance available. There is no fixed amount. Pennsylvania does not cap damages in most personal injury cases, though claims against government agencies are capped.
Your recovery can be reduced if you were partly at fault, and in car accident cases your tort option can limit pain and suffering. A lawyer can estimate a realistic range after reviewing your records.
What is the average personal injury settlement in Philadelphia?
There is no reliable public average for personal injury settlements in Philadelphia. Most settlements are private, and amounts vary widely depending on the injury, medical costs, lost income, insurance limits and fault. Any “average” figure you see online is a rough estimate and shouldn’t be used to value your own claim.
What Your Claim Can Include
Pennsylvania law lets an injured person recover the full losses caused by someone else’s carelessness. These usually fall into two groups:
- Financial losses: past and future medical bills, lost wages, reduced ability to earn in the future, property damage and out-of-pocket costs such as travel to appointments or help at home.
- Personal losses: pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement.
- Family losses: a spouse may have a claim for loss of companionship and support, and families can bring a wrongful death claim when an injury is fatal.
Punitive damages, which punish outrageous conduct, are rare. Most of the value of an injury claim comes from the losses above, not from punishment.
What Affects How Much Your Claim Is Worth
- How serious the injury is, and whether it is permanent
- Your medical treatment, including how soon you were seen and whether you followed your doctor’s plan
- Lost income, now and in the future
- Your share of fault. Under Pennsylvania’s comparative negligence rule, your recovery is reduced by your percentage of fault, and you recover nothing if you were more than 50% at fault
- Available insurance. Pennsylvania only requires drivers to carry $15,000 per person in bodily injury coverage, so your own uninsured and underinsured motorist coverage can matter
- Your tort option in car accident cases. Limited tort can restrict pain and suffering unless your injury is serious
- The strength of the evidence about how the accident happened
Are There Caps on Damages in Pennsylvania?
In most personal injury cases, no. Pennsylvania does not cap compensation for medical bills, lost wages or pain and suffering in ordinary claims against people and businesses. Claims against government agencies are the main exception: damages are capped at $250,000 per person and $1,000,000 per incident against the Commonwealth, and $500,000 per incident against local agencies such as the City of Philadelphia.
Steps That Protect the Value of Your Claim
- Get medical care right away and follow your treatment plan. Gaps in treatment are one of the most common reasons claims are reduced.
- Keep every bill, receipt, pay stub and note from your doctors.
- Write down how your injuries affect your daily life, work and sleep.
- Photograph your injuries and the scene, and keep damaged property.
- Don’t give a recorded statement to the other side’s insurer before talking to a lawyer.
- Don’t post about the accident or your activities on social media.
- Don’t accept the first offer. Once you sign a release, you can’t ask for more.
- Act before the deadline. Most Pennsylvania injury lawsuits must be filed within 2 years.
What Does a Lawyer Cost?
Philly Injury Lawyer handles injury claims on a contingency fee, which means you pay no attorney fee unless we recover money for you. We Win or It’s Free®. See how much an injury lawyer costs for how contingency fees work.
Find Out What Your Claim Is Worth
No article can put a number on your case, but a lawyer can give you a realistic range after reviewing your injuries, records and insurance. Call (215) 735-4800 for a free consultation.
