One of the most common questions our personal injury attorney receives is, “What is my case worth?” Like many legal questions, the answer is “It depends.”
Every personal injury case is unique. The value of one may drastically differ from the value of others.
An experienced personal injury lawyer can explain the compensation you may be entitled to – and how to get it.
Damages You Can Recover in a Texas Personal Injury Case
One of the primary factors that determines your case value is the amount of damages you suffered. Damages are the losses you sustained because of the accident for which a court can order the other party to pay you.
Texas law specifically outlines the damages that personal injury victims can recover and classifies them into the following three categories:
Economic Damages
Texas law defines economic damages as compensatory damages intended to compensate victims for “actual economic or pecuniary loss.”
Economic damages could include:
- Medical bills for immediate treatment
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
In wrongful death cases, economic damages can include loss of household income, burial and funeral expenses, and loss of inheritance.
Non-Economic Damages
Non-economic damages provide compensation for losses that do not have a direct financial effect but represent negative consequences the victim experienced as a result of the accident.
Non-economic damages specified by Texas law include:
- Physical pain and suffering
- Mental or emotional pain or anguish
- Loss of consortium
- Physical impairment
- Loss of companionship and society
- Loss of enjoyment of life
- Inconvenience
- Injury to reputation
A lawyer can help establish that you have a right to these damages.
Exemplary (Punitive) Damages
Exemplary damages are awarded to penalize or punish the defendant. They are reserved for the most egregious cases. To recover these damages, you must be able to prove by clear and convincing evidence that the defendant acted with malice, fraud, or gross negligence.
Only courts award exemplary damages – insurance companies will not.
Factors That Can Affect Your Case Value
Your personal injury attorney may advise you to wait until you reach maximum medical improvement before attempting to settle your case. This is the point in your treatment journey when you have recovered as much as can be expected and your condition has stabilized. Then, your attorney can estimate the value of your claim by adding up all your bills and assigning a reasonable value to your non-economic damages.
The following factors can affect your case’s value:
- The type and severity of your injuries – Generally, the more severe the injury, the more valuable your case might be. Likewise, the more the injury affects your daily life, the more compensation you potentially stand to receive.
- The type of accident – The kind of accident you were injured in can also affect your case value. For example, cases involving a typical car accident may have different values than those involving truck accidents.
- The duration of your recovery – Longer recovery times generally mean prolonged medical treatment and more time away from work. You also deserve to be fairly compensated for your pain, suffering, and other non-economic damages. The longer it takes you to recover from your injuries, the more compensation you may be due.
- The strength of your evidence – If you have clear evidence showing that the other party was at fault, the insurance company will have little ground to deny the claim.
- The insurance coverage – The amount of insurance coverage available may impact your claim because your recovery may be limited if the defendant does not have personal assets to cover your damages.
- Whether you contributed to the accident – If the defendant claims you were partially responsible for the accident, your compensation can be reduced by your proportionate degree of fault. If you were mostly at fault for the accident, Texas law can bar your recovery.
- Whether your case goes to trial or settles – Cases that go to trial can result in higher awards. However, they are also more expensive to litigate. Our legal team will focus on maximizing your financial recovery – in or out of court.
Fortunately, there are ways that you can maximize the value of your case.
How to Maximize the Value of Your Personal Injury Case
Some of the ways that you can get the most compensation out of your claim are to:
- Report the accident so the defendant or their insurance company doesn’t deny that the event happened.
- Seek medical treatment immediately so that your injuries can be directly linked to the accident.
- Document the scene of the accident while it is fresh. Your pictures can help illustrate what happened.
- Follow your doctor’s orders and continue with your care. Follow any instructions to avoid strenuous activity so that you don’t complicate your injuries.
- Keep up with all your accident-related bills, records, and receipts so you don’t forget any damages you incurred because of the accident.
- Be very careful when speaking to insurance adjusters. They only want to deny your claim. Don’t give them a reason to.
- Avoid discussing your case on social media or with anyone other than your lawyer. Your statements could be used against you.
Finally, contact an experienced personal injury lawyer who can help you navigate the claims process and protect your legal rights.
Learn More About the Value of Your Personal Injury Case During a Free Case Review
The best way to learn what your case might be worth is to contact an experienced personal injury attorney in Laredo, TX, for a free consultation. We can review the details of your case, identify who is at fault, and investigate the matter to determine your case’s potential value. Contact Roderick C. Lopez Personal Injury Lawyers today to learn more.
