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January 10, 2023 by Greg Baumgartner
Most personal injury claims in Houston, Texas, will settle at some point before a trial. Settling a case involves negotiations for a reasonable resolution that both sides can live with. When considering Houston personal injury settlements, it’s important to distinguish fact vs. fiction.
There are many incentives for injury victims and defendants to settle a case. From the perspectives of the plaintiff and defense, having control over the outcome of your case is one of the main motivations for settlement.
There are many situations in which a skilled personal injury attorney in Houston can evaluate your case.
The outcome of any personal injury case can depend on various factors, which can include the following:
There are many misconceptions about personal injury settlements. In this article, a leading Houston personal injury attorney discusses the facts versus fiction regarding personal injury settlements.
Texas has caps on damages for such things as punitive damages and medical malpractice claims. Also, the state has passed laws that do not cap but have the effect of limiting personal injury damages in most cases concerning medical bills in personal injury cases.
The state has recently limited relevant evidence in lawsuits against trucking companies and required bifurcation of a trial in some situations.
The common misconception is that all personal injury cases result in very large settlements or jury verdicts. While it is true that some cases do result in very large awards or settlements, the amount of a settlement depends on the specific facts of the case.
The value of a settlement includes many different factors. People hear about cases in the news and sometimes believe that because someone was burned by hot coffee, their case is worth that much or more. Or a very large verdict is in the news, and the assumption is that other cases are worth the same amount.
However, the news reports do not tell the whole story and are not an accurate estimation of other cases. True, maybe in one case out of a hundred, the trial verdict is huge, but there will be 99 other cases with similar facts where the amount is much less or worse, and the plaintiff got no money.
A top-rated personal injury lawyer must evaluate each case after the attorney has the facts.
In Texas, legal damages include both economic damages and non-economic damages. Punitive damages may be sought in cases where a defendant was grossly negligent, such as in an accident with a drunk driver.
Legal Damages for personal injury in Texas can include:
To get damages, you must prove your case to a judge or a jury if a lawsuit is filed and the case is tried. Or convince the insurance company you will win the case at trial to secure a settlement.
Damages in a wrongful death case in Houston depend on the same liability issues, yet the compensation is viewed from the family member’s losses. If the deceased survived an accident for a time, personal injury damages are sought by the estate.
Don’t make the mistake of attempting to value your case based on input from non-lawyers or reading about a very large verdict. Doing so is a prescription for disappointment or worse.
In Texas, insurance companies are largely not regulated in their claims-handling practices. If it is the other person’s insurance company, they owe no duty to a person claiming from that policy.
While you may be encouraged by an adjuster not to get an attorney, there is a reason for that encouragement. The reason is the insurance company believes they will save a substantial payment if they do not have to deal with a qualified personal injury lawyer.
Because insurance companies operate for profit, the incentive by the adjuster is to pay as little as possible on every claim. If you do not know the true value of your case, do not expect to be enlightened by the adjuster handling the claim. Even when the crash report indicates the other driver was at fault, that will not stop an insurance company from contesting liability on your case.
If an insurance company can get by paying you ten or $0.15 on the dollar, with a lowball offer, they will do so in a heartbeat. Also, expect adjuster tactics such as the following from the adjuster handling your claim:
If you are going to handle the case yourself, you may consider taking advantage of a free consultation from a top-rated personal injury attorney before dealing with the insurance adjuster.
Texas is a proportionate responsibility state. You can recover personal injury damages if you are less than 51% at fault. In every personal injury case, the actions of everyone are evaluated, and a judge or jury assigns a percentage of fault.
If you are less than 51% at fault, you can collect damages you prove in a personal injury claim. However, if you are partly at fault, your damages will be reduced according to the percentage of responsibility on your part.
As an example, if you were in a car accident and a jury assigned you 20% of the responsibility for the accident, and the defendant received 80% of the responsibility for causing the accident, your damages would be reduced by 20%.
If a jury found that your total damages were $100,000 and you had 20% responsibility, you would net $80,000 as your recovery. If your responsibility for the accident were 51% or greater, you would get no money.
It is not uncommon for an insurance adjuster to imply that you will get less money if you hire an attorney. Some may argue that this tactic may be unethical it does not stop many insurance companies from using it to save how much they have to pay on a case.
If an adjuster suggests that you should not contact an attorney, that is your first red flag. Almost universally, if the insurance company wants to discourage you from getting an attorney, that is exactly what you should be doing.
Insurance companies look after the insurance company’s best interest and not the personal injury victim. Adjusters attend classes to learn how to negotiate a low settlement on personal injury claims. In the more serious cases, a senior adjuster trained to reduce the payment will be utilized.
Many studies prove that personal injury victims net more proceeds with a competent personal injury attorney. This is almost universally true with severe or catastrophic injury cases. Most injury cases take longer than victims believe.
Attorneys who handle personal injury cases generally do so on a contingency fee basis. A contingency fee means the attorney only gets paid if you get money. It costs you nothing upfront to get the best attorney near you. Additionally, your and your attorney’s interests are aligned because the more money they get you, the more money they make.
Many people don’t know how long a claim like wrongful death can take! Also, 18-wheeler cases can take time if liability or damages are disputed.
Yet most car accident cases do not go to trial in Houston, TX.
Whether you handle a claim without an attorney or not, you should always take advantage of a free consultation with a personal injury lawyer.
If you have been injured in an accident in Houston, TX, and need help, contact our Houston car accident lawyers at Baumgartner Law Firm by calling (281) 587-1111.
Baumgartner Law Firm Top-Rated Personal Injury Lawyers
6711 Cypress Creek Pkwy
Houston, TX 77069
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How to Successfully Deal With Insurance Adjusters
The Importance of Demonstrative Evidence in Personal Injury Cases
The Process of Receiving Your Settlement Money in Houston
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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