How Much Is My Case Worth?
Oct. 27, 2022
Unfortunately, there’s no one-size-fits-all answer to personal injury settlements. The potential value of your case depends on a variety of legal factors, court rulings, and the actions you take following your injury. If you have suffered an injury due to the negligence of someone else, you must speak with an understanding personal injury attorney to get you on the correct path toward seeking damages.
Our team at The Torres Law Firm has everything necessary to assist you through this challenging process. We have the resources to use our knowledge and understanding to start the claims process while you recover from your injuries. We proudly serve clients in Corpus Christi, Dallas, and Fort Worth, Texas.
Factors that Determine Case Amount
There are a wide variety of factors that will impact the amount of damages you receive for your personal injury suit.
Calculating potential damages requires analyzing the extent of damages suffered, determining who was at fault and accounting for your physical injuries and emotional distress.
Extent of Damages
The extent of damages will be one of the most significant factors in determining your case value.
Individuals that suffer serious injuries that lead to loss of income, permanent injuries and disabilities, or require long-term rehabilitation can generally expect larger settlement payouts. Your settlement should also include reimbursement in cases where personal property was damaged, like totaled vehicles from car or motorcycle accidents.
Determining fault is another crucial factor in determining how much your case is worth.
Texas’ comparative fault rules require the court to determine the proportion of blame shared by the plaintiff and defendant. If the plaintiff is found to be 50% or more responsible for the incident, they are barred from seeking personal injury damages.
Unfortunately, insurance coverage also plays a large role in how much damage you can expect to receive during a personal injury suit.
If the person that caused your accident is uninsured or underinsured, you could end up walking away with your medical bills covered but otherwise empty-handed.
The physical, mental, and emotional injuries you’ve suffered due to your accident will also be considered by the court. If you sustain injuries or emotional damage that require long-term care and rehabilitation, lead to loss of enjoyment of your favorite hobbies or pastimes, or limit your ability to earn a living often leads to much larger settlements or damages.
Comparative Fault in Texas
Corpus Christi, alongside the rest of the state of Texas, uses a comparative fault system when reviewing personal injury cases. Comparative, or proportionate fault means the court will determine the amount of culpability or blame each party had in the accident.
If the court determines the plaintiff holds 50% or more of the blame for the accident that caused their injury, they will dismiss the case. But if the plaintiff is found to be 40% responsible, they would be allowed to pursue their case with the expectation of receiving 60% of the final damages.
Damages (100%) - Plaintiff Blame (40%) = 60% Final Award
Steps You Can Take to Maximize Compensation
Hire an Attorney
Trying to determine your case’s value, negotiate with hard-nosed insurance companies, and navigate the complex personal injury court process can be overwhelming on your own.
Hiring an experienced personal injury attorney increases your odds of winning a fair settlement or judgment and allows you to focus your time and attention on recovering from your injuries.
Seek Medical Attention
It’s vital that you seek medical attention after any accident.
Even if you feel fine at the moment, you may have internal injuries, whiplash, a concussion, or a laundry list of medical issues that aren’t always immediately noticeable. Seeking medical attention also plays a crucial role in building the documentation you’ll need to build a successful personal injury case.
Don’t Take the First Offer from the Insurance Company
Sadly, many individuals make the mistake of jumping on the first offer they receive from the insurance company.
While their offer may seem attractive or life-changing at first glance, first offers are often the absolute minimum the insurance company feels they can pay for your case. Working with a personal injury attorney to negotiate after the first offer is crucial for boosting your odds of receiving fair damages.
Document Everything and Gather Important Information
Documentation can make or break your personal injury case. We always recommend that our clients in Corpus Christi, Dallas, and Fort Worth, Texas, try to gather the following documents:
And Employment/Income Records
Legal Advocacy When You Need It Most
We understand how disruptive, painful, and overwhelming suffering an injury due to the actions or negligence of another. Suffering an injury due to the actions or negligence of another can turn your world upside down. When that happens, our team at The Torres Law Firm in Corpus Christi, Texas, will always be here for you. Contact us today, and let us converse with the insurance company while you focus on your recovery.