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Personal Injury Statistics in America 2025

Data-driven overview of personal injury claims, average settlements, the most common injury types, litigation rates, and state-by-state comparison. Sources: CDC, NHTSA, Bureau of Justice Statistics, Insurance Research Council, and RAND Institute.

Key National Statistics

39.5M

Annual emergency room visits from unintentional injuries

Source: CDC WISQARS

$4.2M

Average verdict in cases that go to trial

Source: Jury Verdict Research

96%

of personal injury claims settle before trial

Source: U.S. Bureau of Justice Statistics

$20,235

Average auto accident bodily injury settlement

Source: Insurance Research Council

3.5×

More compensation with attorney representation vs. without

Source: Insurance Research Council

2 years

Statute of limitations in most U.S. states

Source: Legal database aggregate

Average Settlement by Case Type

Settlement amounts vary significantly by case type. Figures below represent national averages — local venue, coverage limits, and injury severity create wide ranges within each category.

Case TypeAvg SettlementMedian SettlementAvg Trial VerdictAnnual Claims
Car / Auto Accident$20,235$14,653$69,0006.1M
Truck Accident (18-wheeler)$73,000$52,900$450,000130,000
Motorcycle Accident$73,700$48,900$235,00083,000
Slip and Fall$15,000–$50,000$31,000$68,0008.9M visits
Dog Bite$64,555$44,760$90,000800,000
Medical Malpractice$242,000$125,000$1,100,00085,000
Workplace Injury$41,000$23,000$120,0002.8M
Wrongful Death$500,000+$350,000$2,200,000200,000
Product Liability$748,000$300,000$1,200,00010,000+

Sources: Insurance Research Council, Jury Verdict Research, NHTSA, CDC, Workers Compensation Research Institute.

Most Common Injury Types in the U.S.

Annual injury statistics from the CDC's WISQARS database. These figures cover emergency department visits, hospitalizations, and deaths from unintentional and intentional injuries.

Injury TypeAnnual Cases% of TotalAnnual DeathsNotes
Unintentional fall36,000,00038%44,686Leading cause of ER visits for all ages; #1 cause for adults 65+
Motor vehicle accident6,100,00016%42,939Includes occupants, pedestrians, motorcyclists, and cyclists
Poisoning (including drug overdose)3,200,0008%107,941Leading cause of injury death; driven by synthetic opioids
Overexertion / repetitive motion3,500,0009%N/APrimary driver of workers' compensation claims
Struck by / against object2,800,0007%734Common in construction and retail workplace injuries
Cut / pierce injury1,900,0005%36,281Includes knife wounds and sharp-object workplace injuries
Dog bite800,0002%46Children ages 5–9 are bitten most frequently
Medical malpractice injury250,0000.6%250,0003rd leading cause of death in the U.S. per Johns Hopkins study
Burn / fire / scalding486,0001.2%2,800ER-treated burns; includes workplace and residential fires
Other / unclassified~20,000,000~13%variesSports injuries, violence, drowning, suffocation, and others

Source: CDC WISQARS (Web-based Injury Statistics Query and Reporting System), 2022–2023 data.

State-by-State Overview

Settlement values vary significantly by state due to differences in comparative negligence rules, damages caps, venue favorability, and local jury pools. Below are key statistics for the 10 most populous states.

StateAvg Auto SettlementClaim VolumeNE Damages CapStatute (yrs)Negligence Rule
California$28,500Very HighNone (gen. damages)2Pure comparative negligence
Texas$22,100High$250K med mal NE2Modified comparative — 51% bar
Florida$21,000Very HighNone2Pure comparative; no-fault PIP state
New York$30,200Very HighNone3Pure comparative; no-fault auto state
Pennsylvania$19,800HighNone2Modified comparative — 51% bar; choice no-fault auto
Illinois$24,600HighNone2Modified comparative — 51% bar
Ohio$17,400Medium$250K–$350K NE2Modified comparative — 51% bar
Georgia$18,900Medium-HighNone2Modified comparative — 50% bar
North Carolina$15,200MediumNone3Contributory negligence — any fault bars recovery
Alabama$14,800LowerNone2Contributory negligence; 1-yr statute for some

NE = Non-economic damages. Sources: IRC, state court statistics, American Tort Reform Association. Averages are for auto bodily injury claims.

Litigation & Trial Statistics

Claims filed annually (all types)

~16 million

Source: U.S. Courts + state courts

Percentage settled pre-litigation

~85%

Source: Insurance Research Council

Percentage that go to trial

~4%

Source: Bureau of Justice Statistics

Plaintiff win rate at trial

~52%

Source: BJS Civil Justice Survey

Average time from filing to verdict

18–36 months

Source: RAND Institute for Civil Justice

Median auto case verdict (plaintiff wins)

$16,000

Source: Jury Verdict Research

Percentage of auto verdicts over $1M

~5%

Source: Jury Verdict Research

Avg contingency fee percentage

33%

Source: American Bar Association

Med mal plaintiff win rate at trial

~21%

Source: BJS Civil Justice Survey

Cases involving punitive damages

~5% of verdicts

Source: RAND Institute

Key Trends in Personal Injury Law (2020–2025)

Nuclear Verdicts Are Rising

Verdicts exceeding $10 million (called "nuclear verdicts") have increased substantially since 2019. Defense attorneys attribute this to "litigation funding" (outside investors financing plaintiff lawsuits), anti-corporate jury sentiment, and plaintiffs' attorneys' use of anchoring tactics that present enormous numbers in closing arguments.

Social Inflation Driving Insurance Costs

Insurance companies coined the term "social inflation" to describe the increasing gap between economic losses and jury awards driven by factors beyond pure medical and wage costs. Social inflation is estimated to add 2–4% annually to bodily injury claim costs beyond medical cost inflation alone.

Rideshare and Delivery Worker Injuries

Uber, Lyft, DoorDash, and Amazon Flex driver injuries represent a growing and legally complex personal injury category. These workers often operate in a gray zone between employee and independent contractor status, creating difficult insurance coverage questions.

Autonomous Vehicle Accidents

As self-driving technology expands, liability questions shift from driver negligence to product liability and software developer liability. The first wave of autonomous vehicle personal injury lawsuits is now moving through the courts in California, Arizona, and Texas.

Medical Malpractice Cap Challenges

Non-economic damages caps on medical malpractice claims — enacted in roughly 30 states — are increasingly being challenged in state supreme courts as unconstitutional. Florida repealed its $500,000 cap in 2017. Several other states' caps are currently in litigation.

Frequently Asked Questions

How many personal injury claims are filed each year in the U.S.?

Approximately 16 million civil cases are filed in U.S. courts annually, with personal injury cases representing roughly 60% of civil litigation. However, the vast majority of personal injury claims are resolved before a lawsuit is ever filed — only about 4% of claims result in a trial. The total number of claims (including those that never reach the courts) is estimated at over 40 million annually.

What is the most common type of personal injury case?

Motor vehicle accidents are the most common source of personal injury claims, accounting for approximately 52% of all PI litigation in the U.S. according to the Bureau of Justice Statistics. They are followed by premises liability (slip and fall) cases at about 15%, then medical malpractice, product liability, and workplace injury claims.

What percentage of personal injury plaintiffs win their cases?

Among cases that go to trial, plaintiffs win approximately 52% of the time in auto accident cases but only about 21% of the time in medical malpractice cases. However, the vast majority of claims — roughly 96% — never reach trial. The settlement rate is high because both sides typically prefer a certain outcome over the risk and expense of trial.

Are personal injury lawsuit rates increasing or decreasing?

Personal injury lawsuit filings in U.S. courts have declined significantly over the past 30 years — by approximately 80% since the early 1990s — due to a combination of tort reform legislation in many states, higher insurance company settlement rates, and mandatory arbitration clauses. However, average verdict sizes have increased substantially over the same period, with nuclear verdicts (over $10 million) becoming more common.

Data Sources

  • CDC WISQARS — Web-based Injury Statistics Query and Reporting System (2022–2023)
  • NHTSA — National Highway Traffic Safety Administration Traffic Safety Facts (2023)
  • Insurance Research Council — Auto Injury Insurance Claims Study (2023)
  • Bureau of Justice Statistics — Civil Justice Survey of State Courts
  • Jury Verdict Research — Injury database and verdict tracking
  • RAND Institute for Civil Justice — Tort Reform and Litigation studies
  • American Bar Association — Attorney fee surveys
  • Workers Compensation Research Institute — Annual claim cost studies
  • American Tort Reform Association — State-by-state litigation environment data

For informational purposes only. Not legal advice. Consult a licensed attorney. Statistics represent national averages and published research findings. Individual case outcomes vary widely based on jurisdiction, facts, and available insurance coverage.