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How Much to Expect From a Back Injury Settlement in Texas

Posted on October 20, 2022 Personal Injury
A back injury’s effects can radiate into other areas of your life. Devastating impairments can make you unable to play with your children, walk your dog, or engage in many pre-injury activities that fulfill you. The accident wasn’t your fault, and you shouldn’t have to “just live with” the consequences. You deserve justice and compensation.  The Law Office of Aaron Herbert helps you understand how much to expect from a back injury settlement. We’re available to answer your questions and to help you take the next steps to protect your legal rights and hold the at-fault party accountable. 

What Types of Compensation Can I Receive for My Back Injury in Texas?

Under Texas law, you may be entitled to receive economic and noneconomic damages. In rare situations, the court may award you exemplary (also called punitive damages). If your employer subscribes to workers’ compensation insurance, it may cover your back injury.  Let’s explore each of these in more detail. 

Economic Damages

A back injury can impose a significant financial burden on you and your family. You may require surgeries and rehabilitative care. Even if you have insurance, the immense cost of medical care can overwhelm even the most careful spenders.  Economic damages seek to address the unjust financial cost that the accident has on you. It covers expenses like medical care, lost wages, and prescriptions. Note that Texas limits your recovery for economic damages to those you incurred. An attorney can help you understand what this means and how to maximize your monetary recovery. 

Noneconomic Damages

Back injuries don’t just hurt you physically; they impact your quality of life. Often, back injury victims can’t engage in meaningful, pre-accident activities. On top of dealing with the physical pain, they must endure the terrible emotional and psychological impact of not being able to do what they could before the accident.  Noneconomic damages compensate you for these losses by providing you with a financial award. This type of damages award includes pain and suffering and loss of enjoyment of life.  

Exemplary Damages

Exemplary damages punish the defendant for egregious or intentional conduct resulting in an injury. Additionally, they function to deter this and future defendants from engaging in the same or similar behavior.  Exemplary damages are reserved for extraordinary circumstances where ordinary damage awards don’t fully address what occurred. 

Workers’ Compensation

How much to expect from a back injury at work settlement first depends on two main things:
  1. If your employer subscribes to workers’ compensation insurance (which isn’t required for all employers under Texas law); and
  2. If the accident occurred while you were working within the scope of your employment. 
If your employer subscribes to workers’ compensation insurance, then Texas Workers’ Compensation Law determines how much you can obtain. If your employer is a non-subscriber, you may be able to pursue a lawsuit against your employer if their negligence resulted in your injury. A workplace accident lawyer can help you explore your options in this respect. 

Factors that Determine How Much to Expect from a Back Injury Settlement

The amount of money personal injury victims receive for their injuries varies. For example, how much to expect from a permanent back injury settlement is probably much higher than for a temporary injury.  Factors that impact how much you can receive include:
  • The severity of the back injury; 
  • Your likelihood of making a full recovery; 
  • The impact that the accident and injury has on your life; 
  • The circumstances surrounding the accident; and 
  • The applicable law. 
A personal injury attorney can evaluate your case and determine what you might expect to receive if you pursue a claim against the at-fault party. 

Law Office of Aaron Herbert—Fighting for Texans for Over 20 Years

We’re Texans through and through. We’re tenacious fighters who aren’t afraid to go up against faceless insurance companies and big corporations to protect your rights. Our team includes Board Certified personal injury trial lawyers with years of experience.  If you suffered a back injury and want to know your claim’s worth, call us today at 214-200-4878 or contact us online. We’ll fight for every cent that you’re owed.