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Personal injury, in numbers

Personal injury, explained with real numbers.

Every figure sourced and dated. Updated 2026-09-01.

Updated 2026-09-01 · 11 sourced figures · 9 named sources · every figure checked against its source at publish

Personal injury has a numbers problem: everyone quotes the million-dollar verdicts and nobody quotes the middle. Here is the middle, sourced: the median auto-accident injury settlement is $31,000, soft-tissue claims average $12,000, and represented claimants average $77,600. Nearly all injury lawyers work on contingency at 33.3% to 40% of the recovery: no upfront cost, fee paid only from the result.

Sources: FairSettlement 2026 payout data; Mighty.com fee survey. Retrieved 2026-09-01.

The numbers, at a glance

Every figure this page relies on, with its source and date.

FigureWhat it measuresSource · retrieved
$31,000median auto-accident injury settlementFairSettlement 2026 payout data, 2026-09-01
$77,600average with attorney representationFairSettlement 2026, 2026-09-01
$12,000average soft-tissue claimFairSettlement 2026, 2026-09-01
33.3% to 40%standard contingency rangeMighty.com fee survey, 2026-09-01
6 to 9 monthsclear-fault settlement clockCoopers Law / Nicolet Law 2026, 2026-09-01
18 monthslitigated-case durationBrown & Crouppen 2026, 2026-09-01
2 to 3 yearsmost states' filing deadlineCaseFleet 2026 statute-of-limitations survey, 2026-09-01
1 yearshortest state deadlines (KY, TN)Sweet James 2026, 2026-09-01
6 yearslongest state deadlines (ME, ND)Sweet James 2026, 2026-09-01
nine statesstates capping non-economic damagesTavrn 2026 damages survey, 2026-09-01
2 yearsFlorida's deadline since March 2023DeadlineCalculator 2026, 2026-09-01

The claim process, stage by stage

  1. Treatment and documentation: the case value is being built here; settlement talks before treatment ends price the injury blind.
  2. Demand and negotiation: after treatment, the demand goes out; clear-fault cases typically settle 6 to 9 months after treatment concludes.
  3. Filing, if needed: suit must be filed inside your state's deadline (the module below, because missing it ends the claim regardless of merit).
  4. Litigation or late settlement: litigated cases run 18 months or longer; most still settle before verdict.

Sources: Coopers Law 2026; Nicolet Law 2026; Brown & Crouppen 2026. Retrieved 2026-09-01.

How your state changes this

Two levers. First, the deadline: most states allow 2 to 3 years to file, but Kentucky and Tennessee allow only 1 year while Maine and North Dakota allow 6 years; Florida cut its deadline to 2 years in 2023, which is the cautionary tale about assuming last year's rule. Second, damage ceilings: nine states cap non-economic damages in general injury cases, which caps the pain-and-suffering component of value in those states. Your state's rules control both.

Sources: CaseFleet 2026; Sweet James 2026; DeadlineCalculator 2026; Tavrn 2026 damages survey. Retrieved 2026-09-01.

The decision: settle, or litigate

Settle

Certainty and speed: 6 to 9 months after treatment on the clear-fault path, no trial risk, fee at the lower end of 33.3% to 40% in many agreements.

Litigate

Leverage and ceiling: 18 months or longer, higher costs, and trial risk in both directions. Rational when liability is disputed or the offer prices the injury below its documentation.

Sources: FairSettlement 2026; Brown & Crouppen 2026. Retrieved 2026-09-01.

What people get wrong

"There's plenty of time." In Kentucky or Tennessee the entire window is 1 year, and evidence degrades from day one everywhere. "Big verdicts are typical." The median settlement is $31,000; the famous numbers are the tail, not the middle. "Lawyers are unaffordable." Contingency at 33.3% to 40% means the fee exists only if the recovery does, and represented claimants average $77,600 against that median.

Sources: Sweet James 2026; FairSettlement 2026; Mighty.com. Retrieved 2026-09-01.

Common questions

What is the average settlement? Median $31,000; full ranges in settlement figures. How do the fees work? 33.3% to 40% contingency, detailed in how fees work. Car crash specifically? See Car Accidents; commercial truck, see Trucking Accidents; injured at work, see Workers' Compensation.

When talking to a lawyer makes sense

The factual triggers: injuries beyond a quick recovery; disputed fault; an insurer's early offer before treatment ends; a deadline inside a year (your state module above); or any commercial or governmental defendant. Each is a situation where the $77,600-vs-median gap tends to be earned, not lucky.

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In this section

Average settlement figures · How the fees actually work

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Sources for every figure on this page