What is a personal injury case?
A personal injury case is a civil claim against the person, company, or government that caused your injury. The legal name for the wrongdoing is negligence — failing to act with the care a reasonable person would. If you can prove the other side was negligent and you were harmed, they (or more often their insurance company) owe you money.
The most common personal injury cases are:
- Car accidents — by far the largest category
- Slip and fall on someone else's property
- Truck and motorcycle accidents — typically larger settlements due to severity
- Medical malpractice — see our medical malpractice page
- Defective products
- Dog bites
- Workplace injuries — often handled through workers compensation
- Wrongful death — when the injury was fatal
The five things you can recover
A personal injury settlement or verdict is meant to "make you whole" — to put you, financially, where you would have been if the injury never happened. The categories of recoverable damages are:
- Medical bills — past and future. This includes ER visits, surgery, physical therapy, prescriptions, and projected care for permanent injuries.
- Lost wages — every paycheck you missed because of the injury, plus future lost earning capacity if you can't go back to your old job.
- Property damage — your car, your bike, your phone, anything destroyed in the accident.
- Pain and suffering — the non-economic harm of being injured. Calculated using "multipliers" of medical bills (1.5x to 5x is common) or per-day formulas.
- Punitive damages — extra money meant to punish especially bad conduct, like drunk driving or reckless corporate behavior. Available in roughly 5% of cases.
How contingency fees work — the part most people don't understand
Personal injury lawyers do not charge hourly. They charge a percentage of whatever you recover. This is called a contingency fee. If they win nothing, you owe nothing.
| When the case resolves | Typical Fee | What you keep |
|---|---|---|
| Pre-suit settlement (no lawsuit filed) | 33% | 67% minus expenses |
| Settlement after lawsuit filed | 40% | 60% minus expenses |
| After appeal | 40-45% | 55-60% minus expenses |
"Expenses" are separate from the fee. These are out-of-pocket costs the firm advances on your behalf — court filing fees, expert witnesses, medical record copies, deposition transcripts, accident reconstruction. A typical mid-sized case has $2,000 to $10,000 in expenses. Catastrophic cases can have $100,000+. These come out of your settlement, on top of the fee.
So a $100,000 settlement after a lawsuit and $5,000 in expenses would look like:
- Attorney fee: $40,000 (40%)
- Expenses: $5,000
- Medical liens (paid to your medical providers): varies
- To you: $55,000 minus liens
Even after fees, people who hire personal injury attorneys recover an average of 3.5 times more than people who negotiate alone, according to a long-running Insurance Research Council study.
What is the average personal injury settlement?
Honest answer: nobody can tell you what your case is "worth" without seeing the medical records. But here are realistic ranges, by category:
| Injury Severity | Typical Settlement Range | Timeline |
|---|---|---|
| Minor (soft tissue, no surgery) | $3,000 – $25,000 | 3 – 6 months |
| Moderate (broken bone, no surgery) | $25,000 – $75,000 | 6 – 12 months |
| Serious (surgery, long recovery) | $75,000 – $250,000 | 12 – 24 months |
| Severe (disability, multiple surgeries) | $250,000 – $1,000,000+ | 18 – 36 months |
| Catastrophic (brain injury, paralysis) | $1,000,000 – $10,000,000+ | 24 – 48 months |
| Wrongful death | $500,000 – $5,000,000+ | 18 – 36 months |
The most powerful predictor of settlement size is the at-fault party's insurance limits. If the driver who hit you carries a $50,000 policy and has no other assets, your case is probably capped at $50,000 — no matter how injured you are. This is one of the first things a good personal injury attorney investigates.
What to do in the first 48 hours after an injury
- Get medical attention. Even if you "feel fine." Adrenaline masks injuries. Documented same-day medical records are critical.
- Call the police if it's a car accident or anywhere they would normally respond. Get the report number.
- Take photos. Of the scene, the vehicles, the injuries, the conditions. Phone metadata helps with timing.
- Get witness contact info. Names and phone numbers. Witnesses disappear within days.
- Do NOT give a recorded statement to the other driver's insurance company. They will call within 24 to 48 hours. Politely decline.
- Do NOT post on social media about the accident, your injuries, or how you feel. The other side will screenshot it.
- Save everything. Bills, receipts, missed-work documentation, every text from the other driver.
- Call a personal injury attorney for a free consultation before talking to insurance adjusters about settlement.
How long does a personal injury case take?
The honest answer: as long as you're still treating, the case shouldn't settle. Settling before you reach maximum medical improvement (MMI) means leaving money on the table for future treatment you don't yet know you need.
- Months 1–6: Investigation, treatment, gathering medical records.
- Months 6–12: Demand letter to insurance company, negotiation.
- If unresolved: Lawsuit filed. Discovery (depositions, interrogatories) takes 6 to 12 more months.
- Trial or settlement: Most cases settle before trial. Trial typically happens 18 to 30 months after filing.
Statute of limitations: do not miss this deadline
Every state has a time limit for filing a personal injury lawsuit. Miss it and your case is dead — no matter how strong it would have been. The clock typically starts the day of the injury.
| State | Statute of Limitations |
|---|---|
| California, New York, Texas, Florida | 2 years |
| Illinois, Pennsylvania, Massachusetts, Georgia | 2 years |
| Arizona, Colorado, North Carolina | 3 years |
| Kentucky, Tennessee, Louisiana | 1 year (very short — act fast) |
| Most other states | 2 to 3 years |
Claims against government entities (a city bus, a federal employee, a public hospital) often have notice deadlines as short as 30 to 180 days. If a government vehicle, employee, or property was involved, talk to an attorney immediately.
Find a personal injury lawyer in your city
We list vetted personal injury firms in 100 US cities. Every firm offers a free case evaluation — and because they work on contingency, you pay nothing unless you recover.
Talk to a personal injury lawyer today.
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Related guides
How Much Does a Personal Injury Lawyer Cost?
Contingency fees, expenses, and the math behind a typical settlement.
Average Car Accident Settlement
State-by-state and injury-by-injury settlement ranges.
What to Do After a Car Accident
The 48-hour playbook that protects your case.
Statute of Limitations by State
How long you have to sue — and what happens if you wait too long.
Dealing with Insurance Adjusters
What to say, what not to say, and why "I'm fine" is the most expensive sentence.
Pain and Suffering Calculator
How attorneys actually value the non-economic part of your claim.