If you’ve recently been in a car accident, you may be wondering whether it’s worth filing a personal injury lawsuit. In short, youāll be wondering how much money you will get if you hire a lawyer and file a lawsuit. Well, not surprisingly, car crash settlements vary widely based on the specifics of each case. I cannot give you a settlement number because this is not a āone size fits allā topic.
If you have small, soft-tissue, non-permanent injuries, your case may settle in a wide range (possibly between $15,000 – $100,000.) Of course, if your injuries are more serious and are permanent (like a broken leg that requires surgery with the placement of rods, screws, and pins inside your leg), your case may be worth in the hundreds of thousands or millions of dollars. Every case is truly different.
That said, if you’ve been injured in a car crash, it’s always worth looking into a lawsuit. A good lawyer who focuses his entire practice on these cases will help you discover what your case is worth, maximize your case value, and force the insurance companies to pay you what you deserve. Here’s how damages and settlements are determined so you can get a sense of what’s possible.
What Factors Determine the Average Car Accident Settlement?
Your Injuries Drive the Value of Your Case
First and foremost, the size of any verdict or settlement will depend on the amount of damage done to your vehicle and your body. Injuries range from temporary discomfort to permanent disabilities, with some of the most common ones including:
- Whiplash, sprains, and strains
- Herniated or bulging discs
- Fractured vertebrae
- Concussions
- Traumatic brain injuries
- Fractures
- PTSD and other serious psychological disorders
A brain injury is more severe than temporary whiplash, so you’re more likely to receive a larger settlement for the former. Damages are meant to cover all elements of your losses: pain and suffering, loss of normal life, disability, disfigurement, medical expenses, lost income, and other out-of-pocket expenses.
If a car crash results in a permanent disability that affects your ability to work, you’re more likely to receive a larger settlement because you’ll require ongoing medical care while being unable to earn income. On the other hand, if you had a single ER visit and no follow-up treatment, your settlement will be considerably less. In either case, it’s wise to pursue a personal injury claim ā you deserve compensation for the harm you suffered.Ā
Other Key Factors in Calculating Your Settlement
Keep in mind that settlements happen outside of court, so negotiations can take some time to achieve. That being said, the insurance companies will do anything they can to slow your case down and avoid paying the full amount you deserve. It isn’t until negotiations fall through that a trial occurs.
There are a number of factors that determine how a settlement is reached:
- Severity of injuries: How have the injuries affected your life? Are your injuries permanent? Are you in pain? Can you work?
- Medical expenses: This includes both past medical bills as well as potential future ones. If, for instance, you’ll require physical therapy for the rest of your life or a future surgery, this will increase the amount of your settlement.
- Lost wages and earning capacity: If your injuries are severe enough to warrant a leave of absence from work, a settlement will include your lost wages. This applies to any workdays you’ve already missed as well as ones you may miss in the future because of doctor appointments, future surgeries, etc.
- Contributory Negligence: Determining fault is obviously key in personal injury suits. In the State of Illinois, if a plaintiff is contributorily negligent (meaning you were partly at fault also), you can still recover money damages as long as you are 50% or less at fault. So, if your case is worth $300,000 but you are 50% at fault as determined by a jury, you will only be able to recover $150,000.
- Legal representation: Getting a seasoned personal injury attorney with experience in large settlements is critical to winning the damages you deserve.
Average Car Accident Settlement Amounts
There is no single “true” average ā each case depends on its specific details. That said, a wide range for minor injuries is typically $15,000 to $100,000. For more severe injuries, settlements can reach into the millions.
For example, I helped an Illinois college student receive a record $18 million after she was hit by a car while crossing the street. She suffered a brain injury and will require medical supervision for the rest of her life, so the compensation she received was justified.Ā
Nationally, the average insurance payout for bodily injury claims from car accidents was approximately $28,000 in 2024, according to the Insurance Information Institute. However, this figure reflects only insurance payouts ā not verdicts or attorney-negotiated settlements, which tend to be significantly higher. Illinois settlements often exceed the national insurance average due to the state’s higher cost of medical care and its contributory negligence rules.
How to Maximize Your Car Accident Settlement
While you can’t walk into an attorney’s office and get a settlement number on the spot, there are steps you can take to strengthen your case:
Seek medical attention immediately. Establishing and documenting your injuries as early as possible is critical. Take photos of your injuries, the vehicle damage, and the scene. File a police report and, if possible, collect witness names so your attorney can take statements.
Contact an attorney as soon as possible. A good attorney will immediately begin gathering evidence on your behalf and handle the paperwork burden while you recover.
The two most common mistakes people make after an accident are speaking to insurance companies without an attorney present and accepting the first settlement offer. Insurance adjusters are trained to get you to downplay your injuries ā or even admit fault ā before you’ve left the hospital. An attorney who deals with insurance companies daily knows their tactics and can protect you from them.Ā
How Settlements Are Reached: The Process
Keep in mind that settlements happen outside of court, so negotiations can take time. Insurance companies will do everything they can to slow your case down and avoid paying the full amount you deserve. It isn’t until negotiations fall through that a case goes to trial.
Here’s a general overview of the process:
- Claim filed ā your attorney files a personal injury claim on your behalf
- Evidence gathered ā medical records, bills, lost wage documentation, police reports, and witness statements are collected
- Demand sent ā your attorney sends a demand letter to the insurance company
- Negotiations ā both sides negotiate; this phase can take weeks to months
- Settlement or trial ā if a fair settlement is reached, the case closes; if not, it proceeds to trial
Brian Lewis Doesn’t Settle For Less. Neither Should You.
Whether youāve been injured in a car crash or have lost a loved one due to someoneās negligence, Brian Lewis is an experienced Chicago car accident lawyer who has helped people like you achieve justice since 1997. He will walk you through every step of the process, lifting the burden off your shoulders and giving you the knowledgeable representation that you and your loved ones deserve. Brianās litigation experience and passion for holding people accountable have allowed him to win more than $150 million in damages throughout the course of his career.
Contact Brian Lewis today if you’ve been injured in a car crash.
