As you examine the worth of your potential personal injury settlement, several key factors require your consideration. The severity of your car accident and their lasting impacts substantially affect the value, so you must thoroughly document all medical treatment and quantify ongoing costs. Also assess how the injury affects your work and home life, as these disruptions have monetary implications. Your attorney's skill in presenting evidence and negotiating is pivotal as well. Moving forward, you will need to weigh each of these critical elements to arrive at a settlement that fairly compensates your losses. With attention to the core factors involved, you can make an informed evaluation of what your injury claim merits.
The Severity of Your Injuries
The severity and extent of your injuries are among the most significant factors that determine a personal injury settlement amount. More severe, long-term injuries typically result in higher settlement offers.
Permanent injuries - Permanent injuries like loss of limb, paralysis or brain damage often warrant substantial settlements. The settlement needs to adequately compensate you for a lifetime of medical care and the impact on your quality of life.
Treatment undergone - The amount and duration of medical treatment you required, including surgery, therapy or rehabilitation also affects your settlement amount. Extensive, ongoing treatment signifies the severity of your injuries.
Time off work - If your injuries prevented you from working for an extended time, your lost wages and earning capacity will be considered in a settlement. The more time you missed, the higher the impact on your finances and career.
Soft tissue injuries - While sprains, strains, bruises and other soft tissue injuries may seem minor, they can be painful and debilitating. Settlements for these injuries depend on symptoms like restricted mobility, chronic pain, and missed normal activities. If you have persistent pain, your settlement may be on the higher end of the range.
The insurer will thoroughly assess the details of your medical records and bills to determine an appropriate settlement based on the severity and details of your specific injuries. Be prepared to provide documentation from all treating physicians, therapists, and other healthcare providers regarding your injuries, treatment, and recovery. The more evidence you have to support the full impact of your injuries, the better.
Lost Wages and Loss of Future Earning Capacity
The amount of compensation you receive for lost wages and loss of future earning potential depends on several factors.
Loss of Income from Missed Work
- The income you lost from days of work you missed due to injury. Provide pay stubs, tax returns, and other evidence to prove your average earnings before the accident.
Loss of Future Earning Potential
- If your injuries will prevent you from earning the same income you did before the accident, you may be entitled to additional compensation. For example, if you can no longer perform the essential functions of your job or profession. You will need testimony from medical and vocational experts to determine how your earning ability has been impacted.
Age and Life Expectancy
- The younger you are and the more years left in your career, the higher the potential losses. Your settlement may need to account for several years or decades of lost or reduced income.
Cost of Living Adjustments
- The settlement value should consider the increased costs of living over time due to inflation. Higher costs of living mean lower purchasing power from the settlement amount over the years.
By providing complete details about your work, pay, skills, and the impact of your injuries, you can determine a reasonable settlement value for your lost wages and loss of earning capacity. An experienced personal injury lawyer can help calculate a fair settlement and fight for full compensation on your behalf. With the right evidence and advocacy, you can recover losses from both the past and the future.
Pain and Suffering Damages
The pain and suffering you endured as a result of your injury is another important factor in determining the value of your settlement. This includes both physical and emotional pain. The more severe and long-lasting your pain, the higher the potential damages.
Physical pain refers to the actual discomfort you felt from your injuries, such as:
- Aches, soreness, and throbbing
- Stabbing or shooting pains
- Muscle spasms or cramps
- Nausea or dizziness
Emotional suffering includes distress, anxiety, and anguish resulting from the accident and injuries such as:
- Fear, worry or panic about health and recovery
- Embarrassment due to scarring or disability
- Loss of enjoyment of life activities
- Depression, irritability or mood changes
- Difficulty concentrating or sleeping due to pain
The severity and duration of your pain and suffering is assessed subjectively but should be supported by medical records and testimony from physicians, therapists, and other healthcare providers. Be prepared to give a personal account of how the pain and suffering has impacted your life. The insurance company will consider all these factors when determining a fair settlement amount for your pain and suffering damages.
While no amount of money can undo the trauma you experienced, pain and suffering damages aim to provide reasonable compensation. An experienced personal injury attorney can help you evaluate what constitutes fair compensation for your unique situation. They can negotiate aggressively with insurance companies on your behalf to recover the maximum settlement possible under the law.
Comparative Negligence
Comparative negligence refers to the degree to which you, as the plaintiff, were also negligent in the events leading up to your accident and injury. In many states, if you are found to share some fault for the accident, your settlement amount may be reduced. This is known as comparative negligence.
For example, if you are found to be 20% at fault for the accident and your total damages are assessed at $100,000, your settlement may be reduced by 20% or $20,000. You would receive $80,000 in this scenario. The exact laws regarding comparative negligence vary significantly between states, so you will need to check with the laws in your specific state.
Some actions that could be seen as comparative negligence on your part include:
- Distracted or impaired driving at the time of the accident
- Failure to follow traffic signs or signals
- Aggressive or reckless behavior that contributed to the accident
- Failure to wear a seatbelt or proper safety equipment
Your attorney will review all details regarding your accident to determine if comparative negligence may be asserted as a defense against your claim. It is important to be upfront and honest with your attorney about all events leading up to and surrounding your accident so they can evaluate your level of fault, if any. Withholding information could seriously damage your case if revealed later.
In some situations, comparative negligence may be contested, especially if the other party's negligence was significantly greater. Your attorney can argue that your actions did not directly cause or substantially contribute to the accident and injuries. They may be able to negotiate with the insurance company to minimize deductions or exclude comparative negligence from consideration altogether.
The possibility of comparative negligence underscores the importance of working with an experienced personal injury attorney. They can properly assess negligence, strengthen your claim, and fight for maximum compensation on your behalf.
Hiring a Texas Car Accident Lawyer
Hiring an experienced car accident lawyer in Texas can have a significant impact on the value of your settlement. A qualified attorney will have a strong understanding of personal injury law and will fight to maximize your compensation.
They can determine an accurate estimate of your total damages, including medical bills, lost wages, pain and suffering, property damage, and future medical needs. Your lawyer will gather evidence from the accident scene, police reports, witness statements, medical records, and bills to build a solid case. They are skilled negotiators and will work directly with insurance companies to pursue a fair settlement on your behalf.
If a settlement cannot be reached, your lawyer can file a lawsuit to take your case to court. They understand the litigation process and rules of evidence for personal injury cases. Your attorney can represent you in court, argue to a judge or jury, cross-examine witnesses, and strive to obtain the best possible outcome at trial.
Hiring a lawyer also allows you to focus on recovering from your injuries while your legal team handles the legal aspects. The attorney-client relationship means all communications about your case are confidential. Your lawyer has an ethical duty to advocate for your best interests.
The attorney’s experience, qualifications, and track record of success with similar cases in your area will also influence their rates. Though hiring a lawyer means paying legal fees, the potential increase in your settlement amount often far exceeds the cost. In many cases, personal injury lawyers work on contingency, meaning they only get paid if you receive compensation.
With so much at stake following a serious car accident, hiring a Texas personal injury lawyer is one of the smartest steps you can take. They have the knowledge and skills to stand up for your rights and fight for maximum compensation under the law. Your attorney can make a real difference in determining the value of your settlement.
Conclusion
As you can see, there are many factors that go into determining the value of your personal injury settlement. The severity of your injuries, the amount of available insurance coverage, your own negligence, and the experience of your hired lawyers at Fletcher Law are just some of the key elements. While you may have a general idea of what your case is worth, the actual settlement amount depends on how these multiple factors come into play. With a strong understanding of these key variables, you will be in a better position to have reasonable expectations and work with your lawyer to maximize your recovery. Though obtaining fair compensation is rarely simple, knowledge of these settlement factors will help you make the right decisions in your pursuit of justice.