License: CC BY 4.0. Citation: "Bilgic, M. (2026). 2026 Personal Injury Settlement Statistics. SettlementCalculator.xyz. settlementcalculator.xyz/resources/2026-personal-injury-settlement-statistics.html"
NOT LEGAL ADVICE. Settlement statistics vary by jurisdiction, fact pattern, defendant resources, and litigation strategy. Individual cases require attorney evaluation. This is educational compilation only.

This page compiles 30+ data points on US personal injury settlements drawn from IIHS, BLS Bureau of Labor Statistics, CDC, NSCISC (National Spinal Cord Injury Statistical Center), FBI UCR, and public court records aggregators. Released under CC BY 4.0 for journalist, Wikipedia, and academic citation use.

1. Annual personal injury claim volume

~6.0MAnnual US police-reported motor vehicle crashes (NHTSA)
~2.5MAnnual US auto crashes producing PI claims (industry est)
~1.2MAnnual US workplace injuries (BLS-reported)
~700KAnnual product liability claims (industry est)
~85KAnnual medical malpractice claims (NPDB)
~3.5M+Total annual US personal injury claims (all types est)

2. Settlement amount ranges by injury type (jury verdict aggregators 2024)

Injury typeMedianMeanTop 10% threshold
Whiplash / soft tissue$5,500-$11,000$15,000$50,000+
Broken bone (single)$25,000-$60,000$95,000$250,000+
Concussion / mild TBI$22,000-$48,000$95,000$285,000+
Moderate TBI$190,000$450,000$1.5M+
Severe TBI$1.2M$3.5M$10M+
Spinal cord injury (incomplete)$650,000$2.1M$6.5M+
Spinal cord injury (complete tetraplegia)$3.2M$6.8M$22M+
Wrongful death (working adult)$650,000$1.45M$5M+
Wrongful death (child)$1.1M$2.4M$10M+

3. NSCISC spinal cord injury data

MetricValue 2024
Annual new SCI cases (US)~17,500
Living SCI population (US)~302,000
Average lifetime medical cost (high tetraplegia, age 25 at injury)~$5.4M (today's dollars)
Average lifetime medical cost (paraplegia, age 25)~$2.5M
Average annual medical cost (year 1, high tetraplegia)~$1.2M
Average annual medical cost (subsequent years, high tetraplegia)~$220,000
Most common causeAuto accidents (~38%)

Source: NSCISC Annual Statistical Report 2024 (UAB).

4. CDC traumatic brain injury data

~2.9MAnnual TBI ER visits (CDC)
~225KAnnual TBI hospitalizations
~64KAnnual TBI deaths
~5.3MLiving with TBI-related disability (US)

Source: CDC Traumatic Brain Injury Surveillance.

5. IIHS auto crash and injury data

Metric2024 latest reported
Annual fatal motor vehicle crashes~38,500
Annual motor vehicle deaths~42,500
Annual non-fatal injury crashes~2.4M
Annual injuries (any severity)~4.5M
Crashes with severe/critical injury~125,000
Average policy limits Bodily Injury (US)$50K/$100K (most common state minimum)
Median state minimum BI limit$25K per person, $50K per accident

6. Median attorney contingency fee

StageTypical contingency rate
Pre-litigation (settlement before lawsuit filed)33⅓% (one-third)
Litigation (lawsuit filed, before trial)40%
Trial (case proceeds to verdict)40-45%
Mass tort / class action30-40% (often court-supervised)
Workers compensation15-25% (capped by state statute)
SSDI25% capped at $7,200 (2024-2026)

7. Time to settlement (median)

8. State variations in damages caps

StateNon-economic cap (med mal)Punitive cap
California (MICRA)$350K (rising to $750K by 2033)No cap (subject to constitutional review)
Texas$250K (med mal)2x compensatory or $200K (greater)
FloridaNone (cap struck down 2017)3x compensatory or $500K
New YorkNoneNone
IllinoisNone (cap struck down 2010)None
Massachusetts$500K (med mal)None
Indiana$2.5M total med mal cap3x compensatory or $50K

9. Citations and source notes

Last reviewed by Mustafa Bilgic on 2026-05-08. Statistics are point-in-time; individual case outcomes vary widely. Errors to [email protected].