Personal Injury Settlement Examples

Key Factor: Clear liability (rear-end) and consistent chiropractic treatment records made it easy to justify the claim. The adjuster's first offer only covered medical bills; the final settlement included pain and suffering.

Key Factor: California's pure comparative negligence law and plaintiff-friendly LA County juries. The attorney filed suit after the initial lowball offer, which prompted the insurer to increase by 3x. MRI documentation of the herniation was critical evidence.

Key Factor: The surgical repair with hardware meant permanent scarring and potential for future complications. Arizona's pure comparative negligence standard meant the 10% fault assigned to the claimant only reduced recovery by 10%, not eliminated it.

Key Factor: The neurologist's documentation of post-concussion syndrome elevated this beyond a simple "fender bender" claim. Persistent symptoms lasting 8+ weeks supported a higher pain and suffering multiplier. Colorado's modified comparative negligence (50% bar) was not an issue here since liability was clear.

Key Factor: Spinal fusion surgery in Cook County, Illinois — one of the most plaintiff-friendly jurisdictions in the country. The at-fault driver's $1M policy was supplemented by the claimant's own underinsured motorist coverage. Permanent restrictions on physical activity and future medical needs (hardware removal, ongoing pain management) drove the value well past medical costs alone. This case took nearly 2 years due to the surgical recovery timeline.

Key Factor: Nebraska's modified comparative negligence rule (50% bar) was not a factor since the other driver was clearly at fault. The initial offer was close to just covering economic damages. An attorney's demand letter with comparable verdicts from Douglas County helped push the settlement to include meaningful pain and suffering compensation. Nebraska's lower cost of living keeps settlements more modest than coastal states.

Key Factor: The trucking company's driver had exceeded Hours of Service (HOS) limits, which established negligence. The company carried a $2M commercial policy. Black box data from the truck confirmed the lane departure. Texas's 51% bar rule was not a factor because liability was heavily on the trucking company.

Key Factor: The truck lacked proper reflective markings and underride guards, establishing a product/maintenance defect claim alongside the negligence claim. Georgia's modified comparative negligence (50% bar) was addressed by a crash reconstruction expert. The TBI diagnosis with documented cognitive deficits and permanent scarring drove the value past $2M despite the initial lowball offer. Case took over 2 years due to the complexity of the TBI evaluation and multiple defendants.

Key Factor: The delivery company's $1M commercial policy provided adequate coverage. Utah's modified comparative negligence (50% bar) was not at issue. A life care plan projecting future medical needs ($120K+ over 20 years) for the chronic radiculopathy was the evidence that pushed the settlement well beyond current medical costs.

Key Factor: The initial offer was relatively fair compared to many first offers, covering economic damages. The claimant's attorney negotiated an additional $33K by emphasizing the permanent limitation on overhead work — significant for someone in a manual labor occupation. Nebraska settlements tend to be lower than coastal states, but the trucking company's $750K policy provided room to negotiate.

Key Factor: The left-turn scenario is one of the clearest liability situations for motorcycle accidents. The skin grafts created permanent scarring, which significantly increased non-economic damages. California's lack of damage caps and the rider's helmet use (countering any "reckless biker" narrative) supported the strong recovery.

Key Factor: Dooring accidents have clear liability against the car occupant. The tibial plateau fracture carries high risk for early-onset arthritis, which the orthopedic surgeon documented. Arizona's pure comparative negligence was favorable since the rider bore no fault. Witness statements corroborated the rider was traveling at the speed limit.

Key Factor: Despite catastrophic injuries, the settlement was limited by the drunk driver's $500K auto policy and a $500K umbrella. The rider's own UM/UIM coverage was only $100K. Florida's pure comparative negligence was favorable, and the DUI created strong liability, but you can only collect what insurance covers. This case took 2.5 years and illustrates that even "clear cut" cases can settle for less than expected when insurance limits are low relative to the injuries.

Key Factor: Security camera footage showed the spill existed for 18 minutes before the fall with no cleanup or warning sign. This was the "constructive notice" evidence that made the case strong. The claimant was 68 years old; hip replacement at that age significantly impacts quality of life and creates risks for future revisions. The grocery chain's $2M commercial policy provided ample coverage.

Key Factor: Building code violations (missing handrail, inadequate lighting) established negligence. However, the insurer argued the claimant was wearing high heels and assigned 20% comparative fault, which reduced the total. Texas's 51% bar meant partial fault reduced but didn't eliminate the claim. The relatively moderate injuries kept the settlement in the lower range for premises liability.

Key Factor: Weather records showed it had been below freezing for 3 consecutive days before the fall, meaning the property owner had ample time to salt. Three other incident reports from the same parking lot that winter demonstrated a pattern of negligence. Cook County, Illinois is a plaintiff-friendly venue which pressured the property owner's insurer to settle before trial.

Key Factor: New York's no-fault system required meeting the "serious injury" threshold, which the pelvic fracture and ACL tear easily satisfied. Brooklyn (Kings County) juries are known for high awards in pedestrian cases. The driver was cited for failure to yield to a pedestrian in crosswalk, establishing strong liability. Dashcam footage from a following vehicle confirmed the pedestrian had the walk signal.

Key Factor: The parking lot's security camera captured the entire incident, removing any dispute about fault. Colorado's modified comparative negligence was not an issue. The ORIF surgery (open reduction internal fixation) with hardware creates long-term risk of arthritis and potential hardware removal, which increased the non-economic damages. The insurer initially offered barely enough to cover medical costs, but the video evidence made litigation risk high, prompting a better settlement.

Key Factor: The driver was texting, which was confirmed by phone records obtained during discovery. Distracted driving strengthened the negligence claim significantly. The jogger was wearing reflective gear and running against traffic as recommended, eliminating any comparative fault defense. Arizona's pure comparative negligence system was favorable. The injuries healed relatively well, which limited the long-term damages component.

Key Factor: As a passenger, the claimant bore zero fault. Uber's $1M commercial policy applied because the driver was on an active trip. The disc herniation was clearly documented by MRI and didn't exist on any prior imaging, defeating the "pre-existing condition" defense. San Francisco County's plaintiff-friendly reputation encouraged the insurer to settle before trial.

Key Factor: Lyft's $1M policy applied. The mild TBI diagnosis was supported by neuropsychological testing that showed measurable cognitive deficits 3 months post-accident. As a passenger, the claimant had zero fault exposure. Traffic camera footage confirmed the Lyft driver ran the light. Texas's 51% bar was irrelevant to the passenger, though it would have mattered if the claimant were the driver of the other vehicle.

Key Factor: Because the other driver was at fault (not the Uber driver), the claim went against the at-fault driver's personal auto policy — which only had $50K limits. This capped the recovery. The fractured ribs healed without surgery within 6 weeks, limiting the pain and suffering component. The initial offer was actually closer to fair than most first offers because the insurer knew the injuries were moderate and their insured was clearly at fault. Sometimes a quick, reasonable settlement is the best outcome.