Can You Get Rich From A Personal Injury Case?

Everyone has heard about the famous McDonald’s coffee case. Spread by rumor and now practically mythology, the facts of the case are far different than people realize. Mrs. Liebeck, the 79-year-old plaintiff, did not receive a two million or even a million dollar settlement. The case was settled post-verdict for an unrevealed amount, after the original punitive damages award of $2.7 million was reduced to $480,000, and the $200,000 compensatory damages award was reduced to $160,000.

This kind of an award only happened after years of McDonald’s negligent conduct. In fact, prior to this case, 700 people had been burned severely by McDonald’s coffee, many times through the fault of McDonald’s employees. McDonald’s also admitted to knowing about the risk of serious burns from the temperature of its coffee. Served at 180 to 190 degrees Fahrenheit, it causes third-degree burns in two to seven seconds. The verdict was awarded due more to McDonald’s continuously callous and negligent behavior than to the particular incident that was the subject of the case.

While there is no average personal injury insurance settlement award, nor limit on award amounts (unless your state has a cap), the vast majority of cases range anywhere from $500 to $115,000. So what can you realistically expect if you have a personal injury case?

When it comes to car accident cases, determining personal injury settlement amounts is based on several factors: who is at fault for the accident, insurance policy limits of the drivers, the severity of the crash, the age and prior health of the injured person as well as the extent of the injuries and the need for medical treatment. Attorneys generally decide on what amount to demand based on these factors and on what a jury might be expected to award if a lawsuit is pursued. Large settlement amounts are usually awarded only in cases of severe injuries that can be clearly shown not to be caused by pre-existing health conditions, clear liability of the at-fault party, and unreasonably low settlement offers on the part of the insurance company.

Other types of injury cases, such as the McDonald’s case, are generally somewhat less clear-cut than car accident cases. If you are injured on the premises of a home or business, there are some very important issues that people may not be aware of. It has to be proven that the responsible party (business owner/manager, homeowner) was negligent in some way that caused the injury to happen. This means they are either responsible for the hazardous condition, or they did not provide notice or warning of that condition. Some examples would be an unmarked hazard such as a wet floor, broken step or railing, malfunctioning automatic or revolving doors, or an aggressive dog that is not kept under control.

In some types of cases, a witness is required to corroborate your side of the story. If you slip on something in a grocery store that fell off the shelf or bin, but no one saw it happen, and the employees were not aware of the hazard, it is very difficult to make a case. To have a case in that instance, it would have to be proven that the employees knew the hazard existed and did nothing about it. The same thing can happen if you are injured while being chased by a dog, but the dog does not actually bite you. If no one sees you fall while the dog is trying to attack, you can’t prove that the uncontrolled dog had anything to do with your injury.

Keeping the above information in mind, it is still always a good idea to discuss a potential case with a personal injury attorney. Most of them offer free consultations at which you can find out whether your case is worth pursuing. An attorney will be able to get more money for you than you would get on your own, and can evaluate your case more fairly and accurately than you or an insurance carrier. Million dollar awards are the exception rather than the rule, but you can realistically expect fair compensation.

Todd Peterson is an Oregon Auto Accident Lawyer at Peterson Law Offices, PC