Average Personal Injury Settlement in South Carolina

When you read about a personal injury case in the news, it is often to report a multi-million jury verdict in a high-profile lawsuit. Of course, you may be thinking, this probably does not reflect the average personal injury settlement in South Carolina. But what is the average? Or, put differently, how much can an accident victim typically expect to receive in a negotiated personal injury settlement?

Lack of Reliable Data

Unfortunately, these questions cannot be answered with any degree of certainty. The main reason is that there simply have not been many reliable studies conducted on personal injury settlements.

The most commonly cited study is from 2005–nearly 20 years ago–which was prepared by two statisticians with the United States Department of Justice’s Bureau of Justice Statistics (BJS). The BJS researchers looked at 26,950 civil cases decided by jury trial, as opposed to settlements, and found the median award in tort (personal injury) cases to be $23,597, with most verdicts falling between $18,819 and $29,996.

Even adjusting for 20 years of inflation, the BJS figures seem rather low. And again, the researchers only looked at cases that went to trial and ended with a jury verdict. Yet roughly 95 percent of personal injury cases in South Carolina are settled before trial. Many of these settlements are “confidential,” meaning their terms are not publicly disclosed to anyone aside from the parties and their attorneys. So it is effectively impossible to answer the question, “How much is the average personal injury settlement?”

Factors That Affect South Carolina Personal Injury Settlements

So if we cannot confidently state an average personal injury settlement in South Carolina, how can you still get some idea of what your case might be worth? The simple truth is that every personal injury claim is unique. Multiple factors can affect a given case. Each factor must be considered in accordance with the particular facts and circumstances of the underlying injury, taking into account that the law itself is not static and changes over time.

With those caveats, here are a few of the more common factors that can affect a South Carolina personal injury settlement:

• How severe was the injury?: Obviously, some injuries are more severe than others. A car accident victim who is paralyzed due to a spinal cord injury suffers a more severe injury than another victim who only sustained a broken leg. While both victims are entitled to fair compensation, the more severe and permanent nature of the paralysis victim’s injury is likely to receive a higher settlement.
• Where did the accident happen? The location of an accident helps determine who can be held legally responsible for an injury. If your injury occurs in a car accident on the open road, your compensation will likely come from the negligent driver and their insurance company. But if you are injured in a slip-and-fall accident while shopping at the store, the retailer (and their insurance company) can be held financially responsible.
• What insurance coverage is available? On a related note, personal injury settlements often come down to the quantity and quality of the defendant’s insurance. A large corporate defendant may have multiple policies that can cover a single accident, while a negligent driver may have only the minimum amount of coverage required by South Carolina law. For that matter, your accident may be the result of an uninsured or hit-and-run driver, in which case you may need to turn to your insurance policy for coverage.
• How did the accident impact your life? A personal injury settlement is not just about paying for your medical bills. You are also entitled to compensation for the economic and non-economic impact the accident had on your life. For instance, if you were unable to return to work for a period of time while recovering from your injuries, a settlement needs to reflect that lost income. Similarly, if your injuries permanently affected your ability to resume working or enjoy the same activities that you did prior to the accident, that should factor into your settlement. Equally important, a settlement should compensate you for your ongoing pain and suffering, which is admittedly a difficult thing to quantify.

Settling vs. Litigating a South Carolina Personal Injury Claim

Personal injury settlements in South Carolina also involve a decision by both sides that is best to avoid litigation. There are several considerations here. First, you need to look at how long it will take to litigate. It can often take years to bring a case to trial in South Carolina. And even if a jury rules in your favor, the defense has the right to appeal, which can add additional months or years to the process.

Even assuming a favorable jury verdict is a risk. According to the 2005 BJS study, only about half of all personal injury jury verdicts favored the plaintiffs. To some extent, you are therefore flipping a coin by going to trial.

Of course, that cuts both ways. The defendant–and certainly their insurance company–also has an incentive to avoid risking a jury verdict against them. So it often makes sense to settle a case before it gets to that point for both sides. Keep in mind, you can settle a personal injury claim at any time up until there is a jury verdict. So even if you decide to proceed with litigation initially, there is nothing to prevent further settlement talks as the process unfolds.

Contact a Charleston Personal Injury Lawyer Today

Settling a South Carolina personal injury case does not mean simply accepting a defendant or insurance company’s first offer. You must be prepared to negotiate and assert your rights. A critical step is working with a Charleston personal injury lawyer with a proven record of results. Contact attorney Trey Harrell today to schedule a free consultation and remember Trey Helps!