A car accident can be expensive, but it’s not the money that changes victims’ lives. After a crash in Texas, you could be looking at serious and painful injuries that impact your ability to enjoy daily life. At FVF Law, our Austin car accident lawyers are passionate about helping car accident victims become whole again.
You need to understand how much your car accident claim is truly worth before negotiating with an insurance company. When you call us for a no-cost, no-pressure consultation, you’ll be informed about the legal rights and options you may have after a car accident. We will help you build a strong case based on the unique facts involved.
How Are Car Accident Case Values Determined?
Evaluating a car accident claim is a complicated process. There is no “average” settlement that applies universally to all car accident cases in Texas. Instead, case values can vary significantly based on each one’s unique circumstances. Some car accident cases exceed insurance policy limits and victims receive six or seven figures to make them whole again.
Elements that influence the total amount awarded to a car accident victim in Texas include:
- Injury severity and longevity
- Medical expenses, including future necessary care
- Emergency care costs
- Physical therapy and rehabilitation
- The victim’s age and overall health
- The difference in earnings after the accident
- The extent of vehicle damage
- Number of liable parties
- Contributory fault
- Insurance policy limits
- Strength of the evidence
In general, the more severe the injuries, the greater the potential value of the car accident case. This is because catastrophic or permanent injuries (e.g., traumatic brain injuries, spinal cord injuries or broken bones) cause greater losses to the victim – like a potential lifetime of medical care and disability.
What Damages Are Available in a Texas Car Accident Claim?
“Damages” in a personal injury case refer to both the losses sustained by a victim and the financial compensation that may be awarded in a successful claim. Understanding the types of damages that can be available to a plaintiff in a personal injury case in Texas is the first step toward achieving a reasonable settlement so that you can focus on rebuilding your life.
Economic Damages
There are two main categories of damages: compensatory and punitive. Compensatory damages are a means of paying an accident victim to reimburse for losses suffered. Compensatory damages are broken down into economic and noneconomic damages. Economic damages are the monetary, pecuniary, or specific losses suffered by the crash victim.
They may include:
- Past and future healthcare expenses
- Long-term care or disability
- Necessary home or vehicle modifications
- Lost wages and employment benefits
- Lost capacity to earn in the future
- Lost household services
- Travel or transportation costs
- Out-of-pocket expenses
- Property damage repairs or replacement
- Wrongful death damages, such as funeral and burial costs
Calculating economic damages in a car accident case requires hard numbers, such as the victim’s medical bills, receipts and lost wage statements. It also takes an estimation of future foreseeable expenses, which is often based on testimony or insights from expert witnesses, such as medical and financial experts.
Noneconomic Damages
In contrast to economic damages, noneconomic damages are the nonpecuniary, intangible, and general losses experienced by the plaintiff because of the car accident and due to his or her related injuries. These damages vary from person to person; there is no set formula to determine the value of noneconomic losses.
Noneconomic damages in a car accident case can include:
- Physical pain and suffering
- Emotional anguish or mental harm
- Psychological effects of a car accident
- Depression or anxiety
- Post-traumatic stress disorder
- Loss of enjoyment of life
- Lost quality of life
- Permanent scarring or disfigurement
- Loss of a limb
- Loss of sight or hearing
- Loss of consortium
- Grief or mourning
Since noneconomic damages are not financial in nature, they are harder to calculate. Rather than using bills and receipts, the value of a pain and suffering award can be any amount a jury sees fit based on the circumstances, such as the gravity of the victim’s injuries and how much they have impacted the victim’s life.
Punitive Damages
Economic and noneconomic damages are both compensatory, while punitive damages are non-compensatory. Rather than compensating a plaintiff, punitive damages are awarded to punish a defendant for especially egregious or severe acts of wrongdoing.
Punitive damages also set an example for others in the community to prevent similar acts in the future. They are only awarded in car accident cases where a plaintiff can prove with clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence.
Tips for Achieving a Fair Car Accident Settlement in Texas
When you file a car insurance claim for a motor vehicle accident in Texas, it is important to realize that the insurance company does not want what is best for you. Insurance companies care more about their profits than their clients. Do not trust an insurance claims adjuster or rush into the first settlement offered.
Protect your financial recovery during a car accident case with the following tips:
- Get medical care immediately and document your injuries and treatments.
- Document everything and gather strong evidence, such as photos and a police report.
- File your car insurance claim as soon as possible to avoid missing deadlines.
- Don’t admit fault for the car accident to the other driver, the police or the insurance adjuster.
- Avoid talking about your injuries until you’ve seen a doctor.
- Don’t give the insurance adjuster a recorded statement about the crash or your injuries.
- Stay off of social media sites until your car accident case has been resolved.
- Resist the urge to accept the first settlement offer.
Rushing the settlement process can lead to you accepting less than your car accident claim is actually worth. Once you agree to a settlement, you generally cannot negotiate for a larger amount. This is why it’s critical to ensure that a settlement is fair and just before signing anything.
A Car Accident Lawyer in Texas Can Help You Move Forward
A car accident case is about much more than just the amount of compensation you may recover. It is about helping you deal with the daily challenges following a vehicle collision. Each case is unique. At FVF Law, our Austin personal injury lawyers get to know people during no-cost consultations in Texas that always come without obligation to hire us. We want to get to know you and provide you with the information you need to move forward. Contact us today if you’ve been injured in a car accident to talk about how we can help.
