How Much Is My Personal Injury Case Worth?
Key Factors That Determine Your Personal Injury Case Worth
We frequently hear this question: How much is my personal injury case worth?
When asked at the outset of a case, this question is almost impossible for any Cypress personal injury attorney to answer accurately, particularly without all the facts. However, Lawyers.com did a survey and found that the average compensation for personal injury cases was $52,900.
Other results from the Lawyer.com study include:
- Motor Vehicle Accident Cases- Median jury award was $71,765, and median settlement was $40,000.
- Those who accepted the first settlement offer received nearly $31,000 less than those who negotiated.
- Filing or threatening a lawsuit resulted in nearly double the settlement
- The average payout for those with a lawyer was over three times higher than for those without an attorney.
While each case is unique, its true value depends on three basic factors: liability, damages, and the ability to pay.
Our Uber accident attorneys in Houston offer free consultations to help you assess the true value of your case. Our experienced Houston personal injury attorneysย will thoroughly investigate your accident and work to build a strong case on your behalf. Contact our law office in Houston, TX, to start your case. Call (281) 587-1111.
Three Basic Issues To Determine How Much An Injury Claim Is Worth
The first issue โ Liability
The first concern isย who is at fault for causing the injury. This is the first area of inquiry. Texas is a shared-fault state and not aย no-fault state. The inquiry stops here unless the other party is at least 51% at fault.
Another way to consider this is through the one-sentence method โ ask:
โWhat did the other person do wrong?โ
He ran the red light, wasย drunk while driving, failed to yield the right-of-way, the product was dangerous, orย I was hit by a truck driverย -things of that nature.
While liability is the first area of inquiry, other liability factors are also considered in determining the caseโs value.
Punitive damages may be awarded if the driver was drunk at the time of the accident. If the facts or inactions were outrageous or calculated to be very unpalatable to a jury, the liability factor could increase the caseโs value.
Truck accident claims pay higherย settlements mainly because the injuriesย tend to be more severe, and trucker safety regulations are frequently broken. Aย truck accident investigationย typically reveals regulatory violations.
Alternatively, if the liability is extremely difficult to prove, that must be considered when addressing the value of aย personal injury case. Also, the cost of proving the case must be considered. After all, a lawyer has to agree to take the case; ultimately, the case must yield the victim financial compensation.
A victim may have difficulty obtaining a Houston injury lawyer if the damages are slight and the costs are high, such as in a product liability claim.
The second issue is damages.
The next area personal injury attorneys use to value a case is damages. Damages refer to legally recoverable losses recognized under Texas law.
For personal injury, the basic questions asked of the jury are as follows:
- Physical pain and mental anguish.
- Loss of wages or earning capacity.
- Disfigurement.
- Physical impairment.
- Medical care expenses.
We will address these areas one at a time:
Pain and Suffering
This is probably the single most important element of damage and also the most misunderstood. These are โhuman damagesโ and can vary greatly from jury to jury.
If the medical evidence is such that the victim suffered greatly and had a difficult time with recovery, then the pain and suffering should be a significant element of that case. On the other hand, if the evidence shows that the victim sustained a โwhiplashโ type injury and recovered quickly, the damages would be valued accordingly.
A good way to look at valuing pain and suffering is to assume you are on a jury, did not want to be there, and did not know the parties. Ask:
How much would you award a stranger?
This requires objectivity, separate from the personal injury victim standing in their shoes and realizing that there are always two sides to every story!
Lost Wages
This is fairly straightforward, as the number ofย lost wagesย can sometimes be easily calculated, such as when a doctor orders aย patient not to work for a certain period. Even then, if the amounts add up to significant lost wages, expect a counterargument from the insurance defense attorney.
In Texas, the lost wages are supposed to be calculated on a net income tax basis, which does not make the personal injury victim completely whole.
Physical Scars
Medical Expenses
The law in Texas was recently changed under โtort reform,โ which has substantially impacted allย personal injury damage casesย in the state. One of the most significant changes to the law was that of โpaid or incurredโ medical expenses.
Juries can consider the amount of โpaid or incurredโ medical expenses, not gross billing. In effect, what this means is that your out-of-pocket expenses plus the amount your health insurance company paid would be appropriate for reimbursement. If you did not have health insurance, then it would be the gross billing of theย medical expenses necessary to treat the injury, less any write-offs.
Unfortunately, tort reform left Texas families holding the bag because they were never compensated for being responsible and carrying health insurance.
If you getย hit by a drunk driver in Texas, and your medical bills are reduced because you were responsible and had health insurance, you pay for the insurance. The drunk driver gets the benefit of your responsibility. Get a DUI accident attorney Houston to fight for justice.
It is important to note that the burden is on the plaintiff to prove their damages. In most cases, the most important damage testimony will be that of a treating physician. What your doctors say about your recovery and future prognosis can be very powerful evidence for aย personal injury claim. A typicalย car accident injuryย claim would involve the deposition of a treating doctor.
Some doctors are more credible than others, and in more serious cases, defense attorneys usually hire doctors routinely paid for by the insurance industry.
Thoseย insurance defense doctors are rarely objectiveย and almost always testify after an IME that the injured victim is either exaggerating or is not hurt as badly as suggested, and that most medical treatments were unnecessary.
Need an Attorney for Your Personal Injury Accidents Injury?
The third issue is the ability to pay.
Unfortunately, there are many instances where liability is crystal clear, and the damages are excessive, but inadequate insurance coverage fails to cover the tab.
Collecting money outside anย insurance policy is extremely difficult in Texas, and the ability to pay realistically means how much insurance coverage is available for the case.
Collecting a judgment from an individualย when there is no insurance coverageย is extremely difficult in Texas. In many cases, a person may be able to file for bankruptcy and wipe out any judgment that may have been obtained.
Large corporations may be self-insured, so the ability to pay may not be an issue for most personalย injury verdicts against big companies. But, in every other case, the amount of insurance must be considered.
Other factors that impact personal injury case value
There are many other factors thatย personal injury lawyersย consider in the value of a claim. How well the victim may relate to a jury is one factor. Another factor might be theย defendantโsย demeanor, age, or other facts. For example, punitive damages may be appropriate if a drunk driver injures you.
To some extent, a jury trial may be a popularity contest, and the credibility of any person, whether a plaintiff or defendant, can tip the scales in one direction or another.
Additionally,ย the plaintiffโs choice of counselย and the defense attorney handling the case can impact the caseโs value.ย Here is an article for those wanting toย negotiate a car accident injury claim without a lawyer.
In short, accurately assessing the caseโs value is difficult before all the facts are known. Certainly, a careful review of the medical evidence is necessary to understand the extent and nature of the injuries when valuing aย personal injury claim.
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About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads theย Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm has limited our law practice to serious personal injury and fatal accident cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
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