Many factors are considered in determining the value of your injury claim. While every case is different, there are a few common variables that consistently impact the amount of compensation you can expect to receive. These include partial fault, insurance policy limits, and the types of injuries sustained.
Texas is a comparative negligence state. Comparative negligence reduces a personal injury plaintiff’s compensation when he is partly responsible for an accident. Total damages are lowered according to the percentage of the plaintiff’s fault. For example, if the plaintiff is determined to be 25 percent responsible for a vehicle accident in which he suffered $10,000 in damages, he will only receive $7,500 ($10,000 minus 25 percent).
Insurance Policy Limits
Policy limits are also an important factor. The policy limit is a contractual cap agreed upon between the insurance company and the insured, and the insurance company won’t pay out more than this amount. If your damages exceed the policy limits, you’ll have to sue the other driver individually for the remaining amount. Or, if you carry underinsured motorist coverage, you may be able to file a claim with your automobile insurance company.
Types of Injuries
In the most common formulas used to value a personal injury claim, a multiplier is applied to determine the level of pain your injuries have caused. The more painful the injury, the higher your settlement offer is likely to be. Injuries that tend to result in a higher multiplier being applied to the calculation of your medical expenses include: broken bones, head injuries, damaged vertebrae, joint injuries, and nerve damage. If you have a scar from the accident, permanent disfigurement may also result in higher compensation. Injuries that may lead to a lower multiplier include: strains, sprains, and bruises.
You Need an Attorney
If you’ve been injured in a vehicle collision, you need professional legal representation to ensure that you’re fairly compensated. To learn more, contact the Cain Law Firm by using the form on this page.