What is an Average Settlement for a Discrimination and Retaliation Claim


Orange County Discrimination Attorneys


What is an Average Settlement for a

Discrimination and Retaliation Claim.


A discrimination attorney can explain that, most cases settle through settlement, it is difficult to determine what the average settlement is. Also, the amount of settlement is often confidential.

According to EEOC data the average settlement for employment discrimination cases is approximately $40,000. Study of verdicts has shown that approximately 10% of wrongful termination cases end in a verdict of more than $1 million. Half of these cases were lost by employees.

This data shows that the average value for an employment discrimination case can vary widely. It all depends on where you live and what type of case you have. It also depends upon the track record of your attorneys. Our average settlement is more than $40,000. It can help you decide whether or not to go to court by understanding how an attorney will evaluate your case.


What Damages Can I Recover from an Employment Case?


If you win your case for employment, you can generally recover the following damages:

Economic damages (back and front pay) – These are your actual economic losses. These are your lost wages or lost benefits due to discriminatory or retaliatory behavior.

Your economic damages must be mitigated. This is basically saying that you should try to find another job after being wrongfully terminated. An expert witness might be required to determine the cost of discrimination if your case involves career growth or lost promotions.

Noneconomic damages: These are often the largest components of damages in cases involving employment discrimination. These damages are intended to compensate you for any emotional distress or suffering you suffered as a result of discriminatory or retaliatory behavior.

These damages will have to be proved. It is not enough to just say that you were upset or that it was stressful.

You will need to keep records of the damage you suffered due to the defendant’s conduct in order for you and your attorney to maximize your non-economic damages. Therapy or professional treatment can often be helpful, as it can help you to recover from discrimination. Also, the treatment records can be used in court to prove significant emotional distress.

Punitive damages : Punitive damages are intended to punish the defendant. They do not relate to the actual damage you sustained. However, a judge may reduce the punitive damages if they exceed your actual damages. Punitive damages can only be awarded if the defendant acts with malice or knows that you are not protected.

Attorneys’ fees Costs of the suit . An attorney’s fee award is determined by the time that your lawyers spent working on the case. The amount you and your attorneys spent on the case to resolve it is the same way.

These types of damages will help you understand what your lawyer says about the value and importance of your case.


How much is my Employment Discrimination Case Worth?


A discrimination attorney will consider many factors when recommending you accept or decline a settlement offer.

  • The strength of your evidence and the potential loss at liability
  • The extent of the damages you sustained
  • How likely was your employer to make a juror angry?
  • Check to see if your employer has a history of violating employees’ rights.
  • No matter if your case is before a court of law or in private arbitration
  • How much your employer can pay for a judgment
  • How much insurance policies your employer has that cover claims and whether they are covered by them
  • You have concerns about the litigation process.

This is not something you can do in a spreadsheet. An employment lawyer must have years of experience to be able to assess the case’s value early on. An experienced employment lawyer can weigh these factors and explain why they believe a particular outcome is appropriate for your case.


Is it worth it to sue your employer?


It depends. It depends. You can also seek compensation for any harm that you have suffered. You may be able to sue your employer if you have suffered significant losses in earnings, career path or self-esteem.

You might be looking to sue to obtain a job because you want to retire within a year and have a luxurious yacht. But, there are other ways to make it rich than filing an employment case. You might lose everything if you don’t win many employment cases. Regardless of what you may have heard about the McDonald’s hot coffee case, the litigation system is not meant to give you a huge financial windfall.

However, litigation is vital to our democracy. It is the only way that ordinary people can hold those in power accountable. The public can see what your employer did through the courts. It can also force employers to correct their mistakes to avoid causing harm to other employees.


Speak to an Experienced Employment Discrimination Lawyer


Discrimination in employment is a serious matter and companies must be held accountable. Our employment lawyers have the experience to represent employees in some of their most critical legal cases. We don’t mind taking on even the largest companies, and we take pride in providing personal, client-focused representation.