There is no true “average” personal injury settlement in North Carolina that can inform you of the value of your case.
This is the best we can do: Auger & Auger Accident and Injury Lawyers has settled cases ranging from $5,000 to multiple-millions of dollars. The value of your case could fall anywhere within that range, depending on the severity of your injuries, who was at fault, how much insurance the at-fault party has, and whether you hired a great injury attorney who can help you obtain the maximum compensation possible.
The only way to get a real idea of how much your case is worth is by consulting an experienced Charlotte personal injury lawyer who can review the details of your case to determine the value of your losses.
Why There is No True “Average” Settlement
You may see online articles listing settlement numbers like $10,000, $50,000, or $250,000, but those numbers can be misleading. A personal injury settlement depends on many factors, including:
- The type of accident
- The severity of your injuries
- The cost of medical treatment
- Whether you missed work
- Whether you have long-term or permanent damage
- The amount of available insurance coverage
- Whether liability is clear
A minor rear-end collision with soft tissue injuries is very different from a catastrophic crash involving a traumatic brain injury (TBI) or spinal cord damage. Because of this, settlements can range from a few thousand dollars to tens of millions.
What Factors Determine the Value of a Personal Injury Settlement?
No two cases are identical. That means that instead of looking to another case to determine the value of your losses, insurance companies and attorneys generally evaluate several key elements when assessing the value of your claim.
Medical Expenses
Your past and future medical bills are a major part of your claim. These expenses may include:
- Emergency room visits
- Hospital stays
- Surgery
- Physical therapy
- Medication
- Follow-up care
- Future treatment needs
More serious injuries usually result in higher medical costs, which can increase the value of the case.
Lost Income and Reduced Earning Capacity
If your injury caused you to miss work, you may be entitled to compensation for lost wages. If you cannot return to your previous job or cannot work at all, your claim may also include loss of future earning capacity. This can significantly increase a settlement in serious injury cases.
Pain and Suffering
North Carolina law allows injured people to seek compensation for various non-economic damages, such as:
- Physical pain
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Permanent scarring or disfigurement
There is no fixed formula for calculating pain and suffering. Insurance companies consider the severity and duration of your injuries when assigning value.
Permanent or Catastrophic Injuries
Severe injuries with lasting consequences often result in substantially higher settlements because they permanently change a person’s life. These cases may involve long-term medical care, home modifications, and lifelong limitations.
North Carolina’s Contributory Negligence Rule
North Carolina follows a strict legal rule known as contributory negligence. Under North Carolina’s contributory negligence law, if you are found even 1% at fault for the accident, you may be barred from recovering compensation. Insurance companies may try to shift blame to avoid paying. A strong investigation and legal strategy can help protect your claim.
How Insurance Coverage Affects Settlement Amounts
Even if your injuries are severe, the available insurance coverage can limit how much compensation is realistically available. Varied insurance coverage is another reason that establishing an average personal injury settlement is not feasible. For example:
- Many drivers carry minimum auto insurance limits
- Commercial trucks often carry higher policies
- Some cases involve multiple policies
- Uninsured or underinsured motorist coverage may apply
Part of evaluating a case involves identifying every potential source of recovery.
Should You Accept the Insurance Company’s First Offer?
In many cases, the initial offer from an insurance company is lower than the full value of the claim.
Insurance adjusters are trained to minimize payouts. In this effort, they may:
- Question the severity of your injuries
- Argue you were partially at fault
- Downplay your pain and suffering
- Pressure you to settle quickly
Before accepting any offer, it is wise to understand the full value of your compensatory damages.
What Happens if a Settlement Cannot Be Reached?
Most personal injury cases settle before trial. However, if the insurance company refuses to offer fair compensation, filing a lawsuit may be necessary.
Filing a lawsuit does not automatically mean your case will go to trial. Many cases settle during litigation. However, being prepared to take a case to court can strengthen your negotiating position.
Steps To Take After an Injury That Will Help Protect Your Claim
If you have been hurt in an accident in North Carolina, you can help protect your claim by:
- Seeking medical attention immediately
- Following your doctor’s treatment plan
- Avoiding giving recorded statements to insurance adjusters without legal advice
- Preserving evidence, including photos and witness information
- Speaking with a personal injury attorney as soon as possible
North Carolina’s statute of limitations generally limits the time you have to file a personal injury lawsuit to three years under North Carolina Gen. Stat. § 1-52, although limited exceptions may apply. Waiting too long can affect your rights.
Get Help From an Experienced Personal Injury Lawyer in North Carolina Today
If you were injured because of someone else’s negligence, you do not have to face the legal process of pursuing compensation alone. Auger & Auger has represented injured people across North Carolina since 1995 and has recovered over $100 million for clients.
We understand the challenges you are facing, and we are committed to helping you pursue fair compensation for your losses. We offer free consultations and handle personal injury cases under our A & A Zero Fee Guarantee™.
That means you pay no attorney’s fees unless we recover compensation for you. If you have questions about the average personal injury settlement in North Carolina, or about your specific case, contact us today to learn more about your legal options and get started.
