Stephen Schultz | April 8, 2025 | Personal Injury
Injury victims want to know how much they can expect from a personal injury settlement. Since the injuries, consequences, and level of negligence involved in every accident are different, it is difficult to provide an “average” settlement amount. However, victims have the right to know what factors influence their settlement and understand how their lawyer will fight for the highest settlement possible.
What Does a Personal Injury Settlement Cover?
A personal injury settlement is a financial payment made by the at-fault party to the victim. The payment compensates the victim for their accident-related losses. Settlements are out-of-court case resolutions reached through negotiation.
Settlements typically cover economic damages and non-economic damages. Economic damages compensate victims for the financial consequences of the accident, such as medical costs, income loss, and additional related expenses. Non-economic damages address intangible losses, such as emotional trauma and reduced enjoyment of life.
If victims can show with “clear and convincing evidence” that the at-fault party caused intentional harm or acted with “deliberate and flagrant disregard” for safety, they may be entitled to punitive damages under Missouri Code 510.261.
What Is the Difference Between a Personal Injury Settlement and a Trial?
In Missouri, a settlement and a trial are two different methods of resolving a claim. Choosing between the two has its own advantages and disadvantages.
Settlement
A settlement is an agreement between the injured party and the defendant, most likely their insurance company, to resolve the case without going to trial. The major advantage of a settlement is that it can be quicker and less costly than going to trial. It also provides certainty, as both parties agree on the compensation amount. Settlements are often preferred because they avoid the unpredictability and stress of a courtroom.
Trial
A trial involves presenting the case to a judge or jury, who will then decide the outcome. While settlements can include pain and suffering, trials may allow the plaintiff to request a larger amount from a jury, depending on the severity of the injuries and other factors. However, the downside is the uncertainty of the trial’s outcome, as the jury could rule in favor of the defendant, leading to no compensation at all.
Ultimately, whether to settle or go to trial depends on the circumstances of the case and the potential risks and rewards involved.
Factors Affecting Personal Injury Compensation Amount
A variety of factors affect settlement amounts. They include:
- The severity of injuries, the extent of the suffering they cause, and their financial impact
- The strength of the evidence for proving the at-fault party’s negligence and settlement demand
- Insurance limits for the at-fault party’s policies
- How much fault do you bear, if any, for the accident
Severe or catastrophic injuries cause more pain, suffering, financial distress, and general difficulties than moderate injuries that can heal over time and with less intense medical intervention. It is helpful to have an attorney consult with your medical team to determine the value of your injuries.
Missouri’s Pure Comparative Fault System
Under Missouri’s pure comparative fault system, victims of negligence have the right to seek damages even if they are at fault for the accident. Still, their settlement amount is reduced in proportion to their percentage of fault.
The other side will work hard to lay as much blame on you as possible. Your attorney will challenge those accusations and fight to keep your compensation intact.
Contact the St. Louis Personal Injury Lawyers at Schultz & Myers Personal Injury Lawyers
The pain, suffering, lost wages, and medical bills related to delayed pain can quickly take a toll. If your accident was caused by someone else’s negligence, you may be entitled to financial compensation. If you’re experiencing delayed pain after an accident, schedule a free consultation with an experienced personal injury lawyer to evaluate your case and protect your legal rights.
If you’ve been injured, please contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including St. Louis County and Boone County and we have offices in St. Louis, Ladue, Columbia, Creve Coeur.
Schultz & Myers Personal Injury Lawyers – St. Louis Office
1430 Washington Ave Ste 225
St. Louis, MO 63103
(314) 444-4444
Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr
St. Louis, MO 63124
Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502
Columbia, MO 65201
Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205
Creve Coeur, MO 63141
