The value of your personal injury claim depends on the total of your economic losses (medical bills, lost wages, property damage) plus non-economic losses (pain and suffering). A trusted McAllen personal injury attorney can review the details of your case to provide an accurate estimate of what your claim is worth.
What Damages Are Available in a Personal Injury Claim?
Texas law allows injured victims to recover compensation for the financial, physical, and emotional losses caused by another party’s negligence. Recoverable damages typically fall into the following categories:
- Medical Bills: You can recover the cost of all accident-related medical treatment, including emergency care, surgery, hospitalization, prescription medication, physical therapy, and reasonably anticipated future medical expenses.
- Lost Wages: You are entitled to compensation for income lost while recovering from your injuries, including hourly pay, salary, bonuses, commissions, and used sick or vacation time.
- Diminished Earning Capacity: If your injuries prevent you from returning to the same job or working at the same level as before, you can recover the difference between your pre-injury and post-injury earning potential.
- Property Damage: This category covers the cost to repair or replace personal property damaged in the accident, such as your vehicle, electronics, or clothing.
- Pain and Suffering: You may recover non-economic damages for physical pain, emotional distress, mental anguish, loss of enjoyment of life, and disfigurement.
- Punitive Damages: In cases involving gross negligence or intentional misconduct, the court may award punitive damages designed to punish the at-fault party.
Factors That Determine the Value of a Personal Injury Claim
There is no average settlement amount in a Texas personal injury case. Several factors may influence what your case is worth.
The Severity and Permanence of Your Injuries
More serious injuries generally produce higher claim values. These conditions, such as traumatic brain injuries, spinal cord damage, or amputations, result in greater compensation because they require lifelong medical care and cause lasting hardship.
Your Ability to Work Following the Accident
If your injuries keep you out of work temporarily or permanently, the value of your claim increases to reflect lost income and reduced earning capacity over your remaining career.
Whether You Share a Portion of the Liability
Texas follows a modified comparative negligence statute. If you are found partially responsible for the accident, your recovery is reduced by your percentage of fault. For example, if you ask for $100,000 and are found 30% at fault, you would receive $70,000. If you are 51% or more at fault, you are barred from recovering any compensation.
Whether Your Case Settles or Goes to Trial
Settlements provide faster, predictable payouts but often involve compromise. Trials carry more risk but can result in larger verdicts when liability and damages are well-supported by evidence.
A McAllen Personal Injury Lawyer Can Help Determine the Value of Your Claim
Determining what your claim is truly worth requires a thorough investigation, careful documentation, and a clear understanding of Texas personal injury law. A top-rated personal injury lawyer in McAllen can help calculate your claim’s true value by analyzing all available pieces of evidence that document your losses and enlisting the help of experts to project future care costs. They also handle insurer negotiations, reject insufficient offers, and prepare your case for trial when necessary, ensuring you do not accept less than your claim is worth.
