While an insurance company will use a formula to calculate the value of a personal injury case, this is simply a starting point. Many factors affect the final value of an injury claim in Texas. If you wish to receive an honest and accurate evaluation of the value of your claim, contact a personal injury attorney near you.
Where You File
The state, city and county where you file your personal injury case can make a difference to the final financial outcome. Different municipalities place higher values on different factors during a claim. The final value can depend on case precedence in the state or area, as well as the feelings of the judges and jurors.
Severity of the Injury
One of the largest factors that will impact the value of your personal injury case is the severity of your injury. In general, minor personal injuries will receive less in compensation than serious injuries. This is due to the expenses connected to a severe personal injury. A temporary disability, for example, will require weeks or months off of work. This will lead to a larger lost wage award than a more minor injury.
Permanent Scarring, Disability or Disfigurement
If your accident gave you permanent injuries, such as a brain injury or spinal cord injury, your clan will generally be worth more money. The courts evaluate permanent injuries based on lifelong damages, including live-in care and physical therapy. The same is true if your claim involves permanent scarring, disfigurement, organ damage or loss of limb. Permanent injuries come with a lifetime of damages.
Medical Documentation
The amount of medical documentation you have supporting your personal injury can impact the final value of your claim. An insurance company will need to see clear and strong evidence of your injuries and related medical expenses before it will offer a fair settlement. Collecting copies of your medical records, doctor's notes, prescriptions and treatment plans can help you receive greater compensation for your personal injury.
Pain and Suffering Multiplier
The courts calculate pain and suffering damage awards using a multiplier, in many cases. This is a number the courts will multiply your economic damages by to come up with an accurate amount in pain and suffering. The value of the multiplier will affect the value of your claim. Many factors can affect a multiplier. For example, you could receive a higher multiplier if your injuries are permanent or severe.
Witness Credibility
Your case may involve both eyewitnesses and expert witnesses to testify on your behalf. The credibility of your witnesses is important to the strength of your claim. Credible witnesses who give strong testimonies can bolster your claim to damages, while witnesses who are not credible can hurt your case.
Comparative Negligence
Your shared fault for the accident or injury could negatively impact the value of your claim. If the defendant proves that you were partially responsible for the accident, this could reduce your recovery amount in Texas. If the defendant shows that you were more than 50% to blame for the accident, you may not receive any compensation.
Insurance Available
If the negligent party does not have adequate insurance, you may be unable to recover compensation for the full extent of your losses. The amount of insurance available, therefore, is a significant factor in the final value of your case.
Number of Defendants
One of the ways to combat a lack of insurance is to identify more than one defendant. This will give you numerous insurance companies from which to seek damages. Have an attorney investigate your claim for signs of multiple at-fault parties before you file.
A Sympathetic Jury
Most personal injury cases end via insurance settlements. If your case goes to trial, however, the feelings of the jury will impact your verdict. Having a sympathetic jury, along with a lawyer who excels at demonstrating your losses, can maximize the value of your case.