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How Much Is My Case Worth?
“How much is my case worth” This is often the first thing a client asks their lawyer after describing their situation in detail. Clients, due to overzealous attorney advertisements that promise enormous—if not unrealistic—recoveries, are frequently misled about the worth of their lawsuit. It is also extremely difficult for any personal injury lawyer to provide a reliable estimate of damages at the outset of a case.
Our accident attorneys at Texas Personal Injury Lawyers have the knowledge and resources to bring your case to a successful conclusion, and we will never accept anything less than the best. Call us now at (888) 997-2148 for a free consultation with one of our personal injury lawyers if you or a loved one has been injured in an accident.
See our page on What To Do When You’re In An Accident
What Influences The Value Of Your Injury Claim?
The three factors you need to consider when determining the value of your personal injury case are:
Here’s The Breakdown: Liability Is Extremely Important
The first consideration is a liability, which simply refers to the responsibility for an accident. In other words, whose mistake caused the collision? The value of your injury claim is stronger if you are hurt in an accident that is 100% due to someone else’s negligence. If the liability or fault is minor, that is, if the accident is entirely your responsibility, your claim is usually worth nothing.
If the accident is half your fault and a half someone else’s, your case will be worth 50% of the full value of your losses due to “comparative negligence.” Because Texas is a pure “comparative negligence” state, the courts instruct a jury to award you 100%, or the full value of your damages. If the jury finds that you were partly at fault, your recovery will be reduced by your percentage of responsibility.
What If I Was Partially Responsible For The Accident?
Even if you are partially responsible for an accident, you may still be able to gain compensation. However, the amount of your personal injury claim will generally be reduced by your percentage of negligence. This is why insurance companies need you to submit documented statements. They expect you to speak up (even if you are mistaken) in order for them to shift the blame onto you. This is done in an attempt to save money for the insurance company.
The Insurance Company Uses Recorded Statements To Cheat You And Save Money!
The insurance companies want you to take written statements. As a result, they educate their claims adjusters on how to squeeze the most concessions out of you in order to lower your claim. For an easy illustration, most automobile accident claims entail the insurer wanting you to specify how quickly you believe someone was driving. They want you to believe that you don’t really know and that you’re merely guessing the other person’s speed. This is how insurance companies attempt to make you seem like a liar: they force you to guess information and then accuse you of lying when your guess is incorrect. They’ll try to paint you as someone who embellishes the truth.
They may also try to get you to accept some responsibility for the accident in some manner. They may, for example, ask you about witnesses or evidence that you may not be aware of at the time they inquire. Then, months or years later, they ask the same questions, and if you happen to know the answer, they will claim that you’re making it up in order to get more money since you didn’t know before. This is all done to reduce the amount of money your personal injury case is worth.
Be Careful Not To Inform The Other Driver’s Insurance Company About Your Injuries
Another issue with recording a statement is that they will inquire about your injuries. This appears to be a simple, straightforward question. But it’s a trap. If you don’t disclose an injury that turns out to be a critical one, later on, they will claim you’re lying to raise the value of your case. Because you didn’t tell them about the problem straight after the accident, they’ll claim that the injury was caused by something else – not the vehicle accident.
Most of all, insurance companies reduce the amount of your claim by presenting recorded claims. Be cautious and talk to a knowledgeable personal injury lawyer first. They want to devalue the value of your personal injury case, so keep that in mind.
The Value Of Your Personal Injury Claim Is Determined In Large Part By The Amount Of Damages
The second aspect or the leg impacting your personal injury value is the extent of damages. Some incidents result in no injuries. In certain circumstances, people are merely injured without sustaining significant damage. Regardless of the scenario, the law stipulates that if you are hurt as a result of someone else’s carelessness, you have the right to be returned to the same position or condition that you were in before the accident.
As a result, there are no injuries, and therefore no losses. Therefore, the claim receives no additional value as a consequence of this. However, significant compensation means that what can be restored will need considerable investment. It will take a lot of money to assist what cannot be helped due to severe damage. The only legal way to make up for what can’t be repaired or aided is by increasing the amount of money claimed. This is why the severity of your injuries or losses influences how much your personal injury claim is worth.
Causation Of The Injuries Is Key
The type and amount of injuries caused by the accident are also considered. The keyword here is injuries *caused* by the incident. Insurance companies frequently get involved in the causation process, which is where they really dig in and fight you. When a person doesn’t go to the hospital or see a doctor right away after an accident, insurers like it. Because any delay in treatment raises questions about what actually caused your injuries.
If you didn’t visit a doctor or seek medical treatment as soon as possible after your accident, you won’t have proof of your injuries. Every hour, every day, and every week that you don’t see a doctor reduces the value of your case. Because it makes it simpler for the insurance company to claim that your injuries were not caused by the accident. They will argue that something else occurred to you following the accident and that you are only blaming the accident for your problems.
What If You Have Pre-existing Injuries (which almost everyone does)?
A missed opportunity to seek medical treatment will significantly reduce the value of your injury case. Why? Because if you had an issue before and did not go to a doctor promptly, the insurance company will argue that the injuries were caused by something else: it’s just old stuff you’re attempting to pin on this accident. Insurance companies will claim that the accident did not make your pre-existing condition worse. Because if you were hurt, you would have gone to the doctor or hospital right away.
Types Of Damages To Consider
There are numerous sorts of losses to consider while determining the value of a personal injury claim:
- What are the prior medical expenses?
- Will further medical expenses be required to assist the person in the future?
- Is there any chance they’ve had surgery or will it be required?
- What’s the total price of everything?
- Have they missed any work? How much was the lost revenue?
- What kind of job or earnings will they lose in the future?
- Have any of these accidents caused you or your family inconvenience? If so, how?
- What are the emotional losses to the family if someone dies due to negligence?
- What are the economic consequences of your loved one’s death?
All of these elements contribute to the worth of a personal injury case.
However, There’s A Catch: Is There Insurance?
The third and last factor on the stool is how much insurance coverage you’ll get to cover your losses? If the vehicle that struck you was owned by a large corporation, for example, or if the terrible driver had adequate insurance, there may be enough insurance to compensate you for all of your losses, injuries, and damage. As long as the other driver has adequate insurance, your claim is secure once you file the insurance claim.
However, in some situations, the liable party may have no insurance at all. Alternatively, they may only have the minimum amount of insurance coverage, which is insufficient to fully reimburse you for your losses. When this occurs, you may recover, but not entirely. Your recovery may be restricted by the insurance coverage of the person who caused the damage.
What If The Driver Who Hit Me Doesn’t Have Insurance?
You will never get compensated if your accident was caused by an uninsured motorist. You may not be able to make a recovery if you were severely injured while visiting a friend and the apartment owner didn’t have any liability insurance.
The bottom line is that you may have a clear case and large losses, but the absence of insurance or collectability may prevent you from collecting any compensation.
That Is Not All: Big Insurance Does Not Mean Large Claims
It’s critical to have UM or uninsured motorist coverage if you don’t already have it. It protects you if you’re in a collision with someone who doesn’t have insurance or doesn’t have enough of it to cover your claim. If the insurance coverage offered in your claim is low, the value of your claim will be correspondingly low. Even if there are life-threatening injuries and clear liability.
Isn’t It Strange That A Huge Insurance Policy Doesn’t Make My claim More Valuable?
If you were injured by a huge corporation with millions of dollars in insurance and assets, it doesn’t necessarily imply you have a big lawsuit. Remember, insurance is only one part of the stool. The degree of damages you incurred and the absence of any questions regarding your liability are equally as crucial. When the at-fault firm has a lot of insurance, many individuals inquire if they have a “large case.” However, the individual suffers little or no harm. As a result, we advise them that they are fortunate to be OK and don’t have significant injuries. The fact that there is much coverage does not raise the value of your personal injury case.
Learn More About How Much Your Personal Injury Case Is Worth
Finally, the amount your personal injury case is worth is determined by a combination of three key factors: liability, damages, and insurance. An experienced personal injury trial lawyer can provide you with an estimate of the real value of your case. Contact Texas Personal Injury Lawyers for a free case evaluation to help you determine the worth of your personal injury case.
Call us at (888) 997-2148 now to schedule a free consultation today.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.