How Much Should I Ask for in a Personal Injury Lawsuit?

May 21, 2025

If you’ve been injured in an accident due to someone else’s negligence, you are probably wondering how much compensation you might receive. At Smith & Weidinger, PLLC, our experienced personal injury attorneys are here to ensure you don’t have to figure it out alone.

As experienced personal injury attorneys in Colorado, we’ve helped clients across Arvada, Centennial, and beyond recover the compensation they need to heal and move forward. With our client-first approach, hands-on legal strategy, and lower-than-average fees, we’re committed to helping you understand your case value and negotiate the settlement amount you deserve.

What Is a Personal Injury Settlement?

A personal injury settlement is a legally binding agreement that resolves a claim outside of court. In most cases, it’s an agreement between the injured party (the plaintiff) and the insurance company representing the person or business responsible for the injury (the defendant). Instead of going to trial, both sides agree on a monetary amount to compensate the injured party for their losses.

Personal injury settlement agreements are common in personal injury law because they save time, reduce legal expenses, and offer faster relief for accident victims. However, knowing how much to ask for and when to accept an offer requires experience, strategy, and careful financial analysis.

What Factors Influence the Value of a Personal Injury Settlement?

Every personal injury case is different, but several key factors affect the value of your personal injury claim:

Medical Expenses: This includes hospital and medical bills, ambulance fees, rehabilitation, surgeries, therapy, prescriptions, and long-term care needs for permanent injuries. Keep detailed medical treatment records; they are essential for proving the full extent of your injuries.

Lost Wages: If you had to take time off work, you may be entitled to recover lost wages. If your severe injuries affect your ability to work in the future, loss of earning capacity can be added to your settlement value.
Pain and Suffering: This is financial compensation for the physical pain and emotional distress caused by your injury. It’s harder to quantify, but it plays a major role in serious cases, especially those involving chronic pain, disfigurement, or traumatic brain injuries.
Property Damage: If your vehicle or other personal property was damaged in the accident, the cost of repair or replacement may be added to your personal injury settlement amount.
Loss of Enjoyment of Life: If your injury limits your ability to enjoy hobbies, relationships, or daily routines, this non-economic damage may be factored in.
Punitive Damages: In rare cases, if the defendant’s behavior was reckless or malicious, punitive damages may be awarded to punish them and deter others.

How to Calculate the Average Personal Injury Settlement

While there’s no perfect formula, here are some strategies we use to help clients understand what their personal injury lawsuit may be worth:

Add Up Economic Damages

Start with hard numbers—outstanding medical bills, lost income, and out-of-pocket costs. Include future expenses, especially if you’ll require ongoing medical care.

Estimate Pain and Suffering Damages

Personal injury lawyers often use a multiplier method to estimate pain and suffering. For example, if your economic damages total $50,000 and your injury is considered severe, your multiplier might be 2, bringing your pain and suffering estimate to $100,000.

Another method is the per diem approach, which assigns a daily rate to your pain and suffering and multiplies it by the number of recovery days.

Don’t Forget Non-Economic Losses

Include loss of enjoyment, emotional trauma, and relationship impact. These may require testimony from family members, therapists, medical providers, or even expert witnesses to fully support. While these damages don’t come with receipts or invoices, they are often the most deeply felt by victims and can significantly influence the value of your settlement. A skilled personal injury lawyer will know how to present these losses compellingly to ensure they’re taken seriously by insurers or a jury.

How Smith & Weidinger, PLLC, Helps Maximize Your Settlement

Determining how much to ask for in a personal injury case isn’t just about numbers—it’s about building a strong, evidence-backed case. That’s where our team at Smith & Weidinger excels. Here’s how we support you with your personal injury settlement:

Thorough Case Evaluation: We examine medical records, police reports, witness statements, and expert opinions to assess your claim’s full value.
Hands-On Communication: You’ll work directly with an experienced attorney who explains each step, not a paralegal or call center rep.
Aggressive Insurance Coverage Negotiation: We negotiate with insurance companies so you don’t have to. We resist less-than-average settlement amounts and fight for your best interests.
Lower Legal Fees: We charge less than the industry standard and what most personal injury lawyers charge, and never take more in attorney fees than our clients receive net. We also work on a contingency fee basis, so you don’t pay unless we win and your personal injury settlements paid.

We aim to help you walk away from your personal injury settlement with peace of mind—and the resources you need to recover.

What’s the Legal Process for a Personal Injury Settlement?

Here’s what you can expect when pursuing a personal injury settlement with our firm:

Free Initial Consultation: You’ll meet with a personal injury attorney to discuss your case and learn your legal options.
Investigation & Documentation: We collect evidence, including photos, video footage, accident reports, and expert evaluations.
Demand Letter: We send a demand to the at-fault party’s insurer outlining your damages and the compensation sought.

Negotiation Phase: Most insurers respond with a lower offer. We handle back-and-forth negotiations to reach a fair outcome.
Settlement or Lawsuit: If a reasonable agreement can’t be reached, we prepare to file a lawsuit and take your case to court.

Our legal team keeps you informed at every stage—and we never pressure clients to settle early for less than they deserve.

Common Pitfalls in Average Personal Injury Settlement Negotiations (and How to Avoid Them)

Here are a few missteps we help clients avoid:

Accepting the First Offer: Insurance companies often offer low initial personal settlement amounts, hoping you’ll accept out of desperation. Don’t. We’ll help you evaluate if it’s truly fair.
Underestimating Future Costs: You may have ongoing medical or rehab needs. We work with doctors and financial experts to estimate long-term costs accurately.
Giving Recorded Statements: Anything you say to an insurance company can be used to lower your claim value. Let your personal injury lawyer handle those conversations.
Failing to Document Everything: Lack of documentation weakens your settlement case. We ensure everything from receipts to therapy notes is included in your file.

Let Smith & Weidinger Help You Get It Right

If you’re wondering how much to ask for in an average personal injury settlement, remember—you don’t have to figure it out alone; a personal injury lawyer can help! At Smith & Weidinger, PLLC, our personal injury attorneys bring experience, strategy, and individual commitment to every case we handle.

We’re proud to offer lower fees, direct access to experienced lawyers, and a strong track record of fast, fair results. Whether your personal injury claim was caused by a car accident, a slip-and-fall, or a rideshare crash, we’ll help you calculate what your personal injury claim is truly worth and fight to secure a favorable settlement offer.

Start With a Free Consultation Today

Let’s talk about your case and your future. Call (720) 996-2600 or complete our online intake form to schedule your free consultation with one of our personal injury attorneys. We’re ready to fight for the compensation and fair settlement offer you deserve. Contact us today.

Note: The information provided in this blog post has been compiled from publicly available and secondary sources. While we strive for accuracy, some details may become outdated or contain inadvertent errors. If you believe any information is incorrect or requires updating, please contact Smith & Weidinger so that we may review and make the appropriate corrections.

Disclaimer: This blog post is for informational purposes only and is not intended as a solicitation for business. The photo used is not from the scene of the incident described. Viewing this content does not create an attorney-client relationship with Smith & Weidinger. If you have been injured in an accident, please seek immediate medical attention and then consult with a qualified attorney to discuss your legal rights and options.