Average permanent injury settlements vary based on several factors, including the severity of injury and strength of the legal case.
It’s impossible to know what an individual case may be worth based on statistical averages. But evaluating the factors in your case can help you evaluate what individual settlement may be appropriate.
Experienced Greenville workers’ compensation lawyer Bobby Jones explains average permanent injury settlement amounts.
What Qualifies as a Permanent Injury in a Personal Injury Case?
A permanent injury in a personal injury case does not heal despite complete medical treatment. It is an injury that is reasonably certain to persist throughout the person’s lifetime, no matter what medical intervention is done. It is irreversible and expected to last for the rest of the person’s life.
Key Factors That Influence Settlement Amounts
Visibility, disfigurement
When a permanent injury is visible, it is considered more impactful. A permanent injury may be visible because of scars, or it may disfigure the body’s shape. The more obvious a permanent injury is to others, the greater a settlement award may be to reflect how others may view and interact with the person.
Pain
When a permanent injury causes chronic pain, more compensation may be appropriate.
Note: Pain and suffering is compensated in a personal injury claim but not directly compensated in workers’ compensation.
Bodily systems
A permanent injury may interfere with bodily systems, such as the nervous system, digestive system, reproductive system, excretory system, and other functions. The greater the impact, the larger the potential settlement award.
Mobility
Because of a lifelong injury, a person may not be as mobile. They may lose their ability to walk, run, or perform fine motor skills. They may depend on mobility support or personal help. The extent of loss of mobility from a permanent injury may influence settlement amounts.
Life expectancy
To the extent that a permanent injury reduces life expectancy, the loss of life expectancy can influence a settlement award.
Earnings potential
A person with an irreversible injury may not have the same earnings potential that they had before. When loss of earnings potential is reasonably certain, it can be factored into a settlement related to the permanent injury.
Medical care required
Some permanent injuries require ongoing medical care. A person may need monitoring for complications. They may need changes to medical devices, prescriptions updated, and pain management. The relative cost of medical care is a factor in settlement amounts.
Issues with the legal case
All legal claims depend on the strength of the case. If there are questions about the person’s right to compensation or if there are potential issues with the case, it may reduce the settlement amount. Building a strong legal case can help a person receive maximum compensation for their claim.
Compensation sources
The injured person must be able to collect their settlement from. Compensation sources like insurance can make it possible for the person to receive their settlement funds.
How Insurance Companies Evaluate Permanent Injuries
Insurance companies evaluate permanent injuries through:
- Medical bills—Verifying the extent of the injury, path of treatment, and costs.
- Medical reports—Explaining why the injury is permanent, the nature of the injury, and how the person will be impacted in the future.
- Laws—State laws, like South Carolina workers’ compensation laws, impact how permanent injury should be paid. Impairment ratings vary based on the body part affected and wages before disability.
- Guidelines—Considering several factors like the person’s age, work history, and functional limitations.
Insurance companies use software programs to evaluate compensation awards, including for permanent disability. An attorney can assist by presenting the insurance company with the information it needs to arrive at an appropriate settlement.
Personal Injury and Workers’ Compensation
A permanent injury may be compensated through personal injury and workers’ compensation. In the workers’ compensation system, permanent injury may be referred to as disability compensation. Permanent injury may be awarded for an individual body part or the body as a whole.
The Role of Medical Documentation and Impairment Ratings
In South Carolina workers’ compensation, medical documentation plays an important role in determining an impairment rating. Physicians use a guide to evaluate functional limitations. The impairment rating, combined with the person’s average weekly wage before injury, determines compensation for permanent disability. Medical documentation establishes the right to permanent injury compensation and is used to calculate the correct amount.
Differences Between Scheduled and Unscheduled Injuries
South Carolina has a schedule of workers’ compensation injuries. The schedule lists various body parts and the corresponding amount of compensation. An example is for the loss of a hand, paid for 185 weeks, multiplied by the impairment rating and average weekly wage.
But some injuries are not on the schedule list; they are unscheduled. Examples are internal organ damage, heart attacks, and repetitive trauma. You must prove that the injury is deserving of compensation. You must also show the appropriate amount of compensation. When a loss is not otherwise scheduled, payment is made for the ratio of loss to the whole person, using acceptable medical standards.
Examples of Typical Settlement Ranges for Permanent Injuries
A minor injury with soft tissue damage may settle for $5,000-$25,000. The injury may be noticeable and inconvenient, but would not significantly impair a person’s life.
An injury that is moderate may settle in the range of $25,000-$250,000. For example, loss of the use of the hand is payable for 185 weeks. If the person has the maximum average weekly wage of $1,134.43 (as of 2025), and they have a total loss of the hand, their compensation would be $1,134.43 times 185, or $209,869.55. Other things may factor into a final settlement amount.
A severe injury may be worth $500,000 or more. For example, a back injury or an unscheduled injury may be compensated for up to 500 weeks. At the maximum compensation rate, $1,134.43, total compensation is $567,215.
Note: Compensation for a permanent injury is different in workers’ comp vs. personal injury claims. Each award amount is determined based on individual factors.
Contact an Experienced Greenville Personal Injury Lawyer
Are you wondering what permanent injury settlement you might receive? Contact an experienced Greenville personal injury lawyer at Bobby Jones Law.
