Everyone has seen at least one news story about a multimillion-dollar personal injury verdict. These stories may lead you to believe that most settlements and verdicts are this large. However, large settlements are rare — and the value of your case is shaped by more factors than you might think. Here are five of the most important factors influencing personal injury settlements in Texas.
1. Severity of Injuries
For many people, recovering compensation to pay for medical bills is one of the most important reasons to file a personal injury lawsuit. The high cost of medical care coupled with the inability to work can quickly create financial strain for anyone.
In calculating your personal injury settlement, the insurance company or the court will typically include your medical expenses. Many people don’t realize that, in some cases, you may be able to recover compensation for long-term medical expenses as well.
For example, imagine you were involved in a severe car crash that resulted in a major brain injury. In this case, your lawyer may hire expert witnesses like medical and economic experts to calculate the long-term financial impact of the injury. These experts may testify in front of the court or submit written statements to insurers.
2. Liability and Strength of Evidence
In Texas, if you were partially at fault for your accident, you can still recover compensation — as long as your percentage of responsibility is not more than 50%. However, being partially responsible can significantly impact your settlement. Any compensation you receive can be reduced by your percentage of fault.
For example, suppose that you get hurt in an accident where you were determined to be 20% at fault. If you file a lawsuit and are awarded $100,000 in compensation, you would ultimately receive $80,000.
In a similar vein, the strength of the evidence in your case can also influence the total payout. When investigating the case, your lawyer will likely gather evidence such as:
- Your medical records
- Traffic camera or dashcam footage of the accident
- The police report or incident report
- Documentation of lost wages
- Statements from witnesses present at the scene
- Statements from expert witnesses
The more evidence you have to support the at-fault party’s guilt and prove the severity of the injuries, the more likely you are to receive a fair settlement.
3. Insurance Policy Coverage
If you are involved in a car accident, the at-fault driver’s insurance policy limits can be a major limiting factor when it comes to your settlements. Generally, a policy will only pay up to its limit. Texas sets the minimum amount of liability insurance as follows:
- $30,000 bodily injury liability/person
- $60,000 bodily liability/accident
- $25,000 property damage liability
Given the cost of medical care and the value of cars on the road, it’s possible to be injured in an accident and have damages that exceed the driver’s policy limits. If that happens, you may be able to file a claim with your uninsured/underinsured motorist coverage.
4. Impact on Employment and Wages
For many people, their lost wages make up a substantial portion of their personal injury claim. This means that the more money they make, the greater their compensation is likely to be.
Much like with compensation for medical bills, you may be able to receive compensation for future lost wages. For instance, if your injury is serious enough to cause permanent disability, you might receive compensation for lost wages in the future.
For example, imagine that you earned $50,000 per year before your injury. Because your injury limits your physical abilities, you now work a job paying $25,000 per year. If you win your lawsuit, you might receive $25,000 in compensation — the difference between what you make now and what you could have made — for each remaining year of your working life.
5. Negotiation Skills of Your Legal Representation
Not all personal injury lawyers are equally skilled. An experienced attorney will typically be a better negotiator, and because most personal injury cases are settled outside of court, negotiation skills are vital.
Negotiation is far from the only skill that matters in a personal injury case, though. Your lawyer should also be an effective investigator — and they should be able to take the evidence they've gathered and use it to craft a strong legal argument.
If you want to increase your chances of a fair settlement, take your time when selecting a lawyer. Reading testimonials, looking into case results, and scheduling a free consultation can all help you make the right choice.
FAQ
What Is the Average Personal Injury Settlement?
Given the many variables affecting the value of personal injury cases, it’s impossible to determine an “average” or “typical” case value. The best way to find out your case’s worth is to consult an experienced personal injury lawyer.
Can I Represent Myself in a Personal Injury Case?
You’re legally allowed to represent yourself in any Houston personal injury case. However, in almost every situation, you’re more likely to recover a fair settlement with a lawyer than you are without one.
What Can I Be Compensated for in a Personal Injury Case?
If your case is successful, you could recover damages to compensate you for medical expenses, lost wages, and property damage. You also might be compensated for loss of enjoyment, pain and suffering, and other intangible losses.
Looking for a Reliable Houston Personal Injury Lawyer?
If you’re searching for a personal injury attorney in the Houston area, we know you have no shortage of options. That’s why Ramsey Law Group strives to deliver unparalleled service — and results. We’ve represented injured people in Houston for more than 25 years, and we might be able to help you, too. Call us or get in touch online to schedule your free consultation today.