After an accident, one of many questions you may have is how much you can recover in your personal injury case. The answer depends on many factors, including the type of damages you have suffered, how you have been affected, and the strength of your case.
Understanding what goes into valuing a personal injury claim can help you know what to expect. Here is what you should know about the value of your personal injury case. A Dallas personal injury lawyer can help you understand the factors unique to your case during a free consultation.
Types Of Damages You May Recover
When you file a personal injury claim, you can seek compensation for different types of damages you have suffered. These damages are usually divided into three categories: economic and non-economic damages (together called compensatory damages) and punitive damages.
Economic Damages
Economic damages are the financial losses you experience because of your injury. These damages are usually easy to calculate using bills, receipts, and pay stubs.
Examples of economic damages include:
- Medical bills (past and future)
- Lost wages and benefits
- Reduced earning capacity
- Property damage
- Rehabilitation and therapy costs
- Reasonable out-of-pocket expenses like transportation costs for medical visits
While most of these financial losses are easy enough to establish, experts may be needed to estimate future losses. For example, medical experts may need to testify about likely future medical care you will need.
Non-Economic Damages
Non-economic damages compensate for the physical and emotional impact of your injury. Because these damages compensate for subjective losses without a specific financial value, they are harder to calculate.
Examples of non-economic damages include:
- Physical pain and suffering
- Emotional or mental pain and distress
- Loss of enjoyment of life
- Physical impairment, or the loss of your ability to perform activities like walking or hobbies
- Disfigurement and permanent scarring
- Loss of consortium and companionship (for spouses)
Non-economic damages consider how your life is affected, the pain you experienced, and long-term pain and limitations you will face. These damages also compensate for depression, anxiety, and post-traumatic stress disorder (PTSD) related to your accident.
Punitive Damages
Punitive or exemplary damages are not meant to compensate you for your losses. Instead, a jury may award exemplary damages with clear and convincing evidence that the defendant acted with malice, gross negligence, or fraud. These damages are intended to punish the defendant and serve as a deterrent.
Punitive damages in Texas are capped at $200,000 or twice the economic damages plus the total non-economic damages (up to $750,000).
Factors That Affect The Value Of Your Personal Injury Case
Many factors influence how much your personal injury case is worth. Below are some of the most important factors.
Strength Of Evidence
Strong evidence is key to maximizing your compensation. In most cases, you will need to prove causation, or how the accident happened, and the other party’s negligence, or carelessness. You will also need to prove the damages you suffered.
The more compelling your evidence, the stronger your case. This means the insurance company is more likely to settle, and more likely to make a fair offer.
Type And Severity Of Your Injuries
The type of injuries you suffered, and the severity, play a big role in determining what you may recover. More severe injuries, such as brain injuries or spinal cord injuries, typically result in higher compensation. Minor injuries may result in lower settlements.
Injuries that are obvious on imaging, such as broken bones, are also more likely to receive higher compensation than soft tissue injuries that are less apparent.
The type and severity of your injuries affect how much you may recover in non-economic damages. They may also influence how likely the insurance company is to make a fair offer rather than minimizing your losses or blaming pre-existing conditions.
Affect On Your Daily Life
If your injuries prevent you from doing everyday activities, your case value may increase. This includes difficulties with hobbies, household tasks, social interactions, and even walking. The more your injury affects your quality of life, the more compensation you may receive.
Your Ability To Work
If your injury prevents you from working or limits your career prospects, this can increase the value of your claim. Loss of income, loss of future earning potential, and the need for job retraining are important factors in assessing your case.
Insurance Coverage For Your Damages
The at-fault party’s insurance coverage can affect how much compensation you receive. If their coverage limits are low, it may be difficult to recover the full amount of your damages. Their insurance will only pay for your losses up to the policy limits. While you may pursue the personal assets of the at-fault party, this comes with its own challenges and they still may not have enough to cover all your damages.
Your own insurance policy, such as uninsured/underinsured motorist (UM/UIM) coverage, may also come into play.
Shared Fault
Texas follows a modified comparative negligence rule, which means that if you are partly responsible for the accident, your compensation will be reduced by your percentage of fault. However, if you are 51% or more at fault, you cannot recover any compensation.
As an example, a car accident victim has damages of $80,000 after a crash caused by a reckless driver making an unsafe lane change. However, they are assigned 20% of the fault for their own negligence because they were speeding and contributed to the crash. The injured plaintiff could only recover $64,000, or 80% of their damages.
If you are being blamed for your accident, contact a personal injury lawyer as soon as possible. A lawyer can help you defend against unfair attempts to shift blame which can limit your recovery or even prevent you from recovering the money you need.
Whether Your Case Goes To Trial
Most personal injury cases settle out of court. However, if your case goes to trial, it could take longer and be more costly. A jury may award higher compensation than you would receive through a settlement, but there is also a risk of getting less than expected or losing the case altogether.
Damage Caps
Some types of personal injury cases in Texas have limits on the compensation you can recover.
In medical malpractice cases, there are caps on non-economic damages:
- Claims against doctors or healthcare providers are capped at $250,000
- Claims against healthcare facilities are capped at $250,000 each (up to $500,000 total)
- The maximum compensation for non-economic losses is $750,000
Claims against government entities are capped at $250,000 per person and $500,000 per event.
Every personal injury case is unique, and many factors will determine how much your claim is worth. Understanding your damages and the factors that affect your case can help you set realistic expectations and make informed decisions.
If you have been injured in an accident, Benton Accident and Injury Lawyers can help you pursue the compensation you deserve. With years of experience and a proven track record, our team is ready to fight for you. Contact Benton Accident & Injury Lawyers at (214) 556-8321 for a free consultation.