In Texas, every personal injury case is different. How much your case is worth depends on your injuries, how they affect your life, and whether you will have lasting pain and suffering.
Factors That Impact Your Claim Value
Several things can affect how much your claim is worth. One of the biggest factors is how serious your injuries are. This includes whether your injuries will have lasting effects.
For example, an injury that causes long-term pain or a permanent disability is usually worth more than a broken bone that fully heals after a few months.
More serious injuries also often lead to higher medical bills, a longer recovery, and more time away from work. They can also keep you from spending time with your family and enjoying your daily life.
Our team looks at all the facts to determine what may increase the value of your claim. We also consider things that may lower it, such as insurance policy limits or whether you were partly at fault.
We cannot accurately value your case until you reach maximum medical improvement (MMI) and your doctors know whether you have any lasting injuries. Settling too early could leave future costs uncovered.
The Damages That Make Up a Case’s Value
Texas law divides compensation into two main categories: economic and non-economic. Most of a claim’s value comes from these compensatory damages.
If your case is successful, you may be able to recover compensation for monetary and personal losses, such as:
- Past and future medical bills
- Lost wages
- Reduced earning capacity
- Property damage
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
Punitive damages are only available in rare cases. They may apply if the at-fault party acted with gross negligence, malice, or fraud. You must prove this with clear and convincing evidence under Texas Civil Practice and Remedies Code § 41.0031. One example may be a drunk driving accident.
How Shared Fault Can Affect Your Compensation
Texas follows a proportionate responsibility rule in personal injury cases2. This means your compensation can be reduced if you are partly at fault for the accident. For example, if your damages are $100,000 and you are found 22% at fault, your compensation may be reduced by 22%.
If the insurance company can place more blame on you, the impact can be much greater.
Under Texas law, you may not be able to recover any compensation if you are found more than 50% at fault for the accident.
Be careful of insurance company tactics that try to place more blame on you to reduce or deny your claim.
How Texas Damage Caps Affect Claim Value
Texas does not cap economic or non-economic damages in most injury cases, such as car, truck, and motorcycle crashes. The state constitution does not allow a cap on economic damages. This means a serious injury with high medical costs and lost income has no limit on its value.
An experienced attorney can help you understand how damage caps may apply to your case and how to pursue the full value of your claim.
Sources:
1 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.41&artSec=41.003
2 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001
