The extent of the damages you are able to receive depends on the extent of your injuries. For example, in a catastrophic injury case (meaning a serious injury that results in lifelong impairment), the injured victim will likely receive a higher settlement or court award than they would for a relatively minor injury. This is because the need for ongoing medical treatment is typically a factor, so the payout received must account for all future expenses as well as compensate the victim for the pain and suffering and mental anguish they likely endured.