One of the first questions you may have is, “what is my personal injury case worth?” There’s no simple answer to that question. Many factors will influence the value of your personal injury case. However, understanding the damages that may be available to you and the potential worth of your case is crucial.
How a Texas Personal Injury Lawyer Can Help Determine the Value of Your Case
A seasoned Texas personal injury lawyer can review your case and explain the potential value of your claim.
Further, they can be instrumental in helping you recover full compensation for your injuries. They can level the playing field between you and the insurance company, explain your legal rights, and help you fight for full compensation for your injuries.
A personal injury attorney can take the following steps to help you recover fair compensation in your case:
- Investigate the accident
- Assess the extent of your damages
- Gather evidence to support your claims
- Contact the insurance providers on your behalf
- Negotiate a settlement if possible
- Vigorously represent you in court if a favorable settlement can’t be reached
An experienced San Antonio personal injury lawyer can evaluate the potential worth of your case and pursue full compensation.
What Factors Will Influence the Value of My Personal Injury Claim in Texas?
If you’ve been injured in an accident, you might assume that the value of your claim is simply the amount of your medical damages and the extent of any property damage. That isn’t the case. In reality, many factors will influence the value of your claim.
The following factors may influence the value of your personal injury claim:
- The severity of your injuries and medical costs
- The extent of any property damage
- Whether you suffered other damages, such as pain and suffering
- Whether you were partly at fault in the accident
- The relevant insurance policy limits
A plaintiff may be able to recover additional, exemplary damages if they can prove by clear and convincing evidence that their injuries were a result of fraud, malice, or gross negligence.
What Types of Damages Are Available in a Personal Injury Case?
Personal injury victims in Texas can recover damages to compensate for their injuries. These damages fall into two main categories: economic damages and non-economic damages.
Economic damages relate to the direct financial costs of the accident or injuries, including the following:
- Past and future medical bills
- Property damage
- Lost wages
- Diminished earning capacity
- Transportation costs
- Other out-of-pocket expenses
Economic damages usually relate to specific transactions, treatment plans, or invoices. They can be verified with receipts or other forms of documentation. For this reason, they are fairly straightforward to calculate.
In contrast, non-economic damages are not as easily verified. They relate to the emotional, psychological, or otherwise intangible impacts of the accident.
Non-economic damages might include the following:
- Pain and suffering
- Mental anguish
- Loss of consortium or loss of companionship by a loved one
- Disability and its related impacts
- Diminished quality of life
Because non-economic damages are subjective in nature, there isn’t a set formula for calculating them. If you’ve suffered these types of damages, an experienced personal injury lawyer can be especially helpful.
Can I Recover Damages if I’m Being Blamed for an Accident?
If the opposing party claims that you were partly to blame for the accident, you may still be able to recover compensation. Texas follows a “modified comparative negligence” doctrine. This means that personal injury claimants can recover compensation when they are 50% or less at fault in an accident. If you are 51% at fault or more, you will not be able to recover compensation.
If you are 50% at fault or less, your compensation will be reduced in proportion to your percentage of fault.
For example, imagine that you were injured in a car accident, and you were 25% at fault, while the other driver was 75% at fault. If you suffered $100,000 in damages, you can still recover up to $75,000—or 75% of your damages.
Claims of comparative fault can significantly impact the value of your personal injury claim.
How Long Do I Have to File My Personal Injury Case?
In Texas, you have two years within which to file your personal injury case after it occurs. This deadline for filing your case is known as the statute of limitations. If your case is not filed within that time frame, you will likely not be able to recover compensation unless a limited exception applies.
Many personal injury cases settle before a lawsuit is filed. However, it’s still important that you know when the deadline is for filing your case. Filing a lawsuit can be a useful tactic for recovering full compensation from the insurance providers. It may increase an insurance company’s willingness to reach a reasonable settlement with you.
Our experienced personal injury lawyers will calculate the date for filing your case and ensure it is filed on time.
Contact an Experienced San Antonio Personal Injury Lawyer to Schedule Your Free Consultation
If you’ve been injured in an accident in Texas and want to know how much your case may be worth, contact George Salinas Injury Lawyers at (210) 225-0909. Our dedicated attorneys will review your case and explain which damages might be available to you.
To schedule a consultation with a member of our San Antonio, TX team, contact our office today.