Menu +1 (512) 982-9328

How to Calculate Personal Injury Compensation

At FVF, we understand that accident injury victims are anxious to know what kind of financial recovery they are might expect to receive. This number might help victims feel more comfortable taking the steps necessary to recover from the accident, such as securing medical care and taking the necessary time away from work to heal and put their lives back together. However, every personal injury case is unique, so accident injury victims should not rely on an average settlement amount or a guesstimate created by someone who has not reviewed the details of their specific case. 

In reality, what an injury victim might be legally entitled to recover from an accident is far too complex a question to be answered by many of the personal injury compensation calculators floating around the internet. These settlement calculators cannot predict the future, and understand your short- and long-term harms and losses is critically important to understanding what the law allows you to recover for your injuries.  Rather than rely on the car accident settlement calculators available on many personal injury websites, a prudent injury victim should take the time to actually discuss their case with a lawyer, whether by phone, chat, or email. FVF Law will gladly take the time to help you understand your options in a no-pressure consultation designed to educate you about your rights and responsibilities. 

For the time being, however, the following factors can help you understand your financial recovery potential. 

Past and Future Medical Costs 

The severity of your injury and the medical care required to adequately treat it for as long as necessary are key determiners of your settlement amount. If you have already received medical treatment, the documentation to prove your expenses will establish past medical costs. To establish future medical costs, you or your lawyer will need to work with your care providers and specialists to predict what kind of treatment you may need in the future. This could include surgery, physical therapy, pain management, or any other combination of short-term and long-term interventions. 

Lost Earnings and Reduced Earning Capacity 

If your injury has caused you to miss work, your lost wages will be included in your settlement amount. To calculate future lost earnings, you will need advice from your medical providers regarding the length of time your recovery will take and how your injury might permanently impact your ability to perform your job. If your injury limits your ability to work, your settlement amount will take that into account. 

To get a more concrete number, subtract the yearly income you are able to earn post-accident from what you were earning previously for your remaining working years. Factor in expected raises and promotions. The result of your calculation is a fair estimate of the work-related losses for which you will be compensated. 

Impact on Quality of Life 

The physical aspects of an injury often have repercussions beyond medical expenses and short-term limitations. If you require assistance or accommodations to care for yourself, care for your dependents, earn income, or enjoy recreational activities, your quality of life is considered to have been impacted by the accident. Understanding the full scope of your needs and the associated costs may require working with a life care planner. 

Pain and Suffering 

Severe injuries often result in non-economic losses that are more difficult to quantify. You may be eligible for financial recovery for the pain and suffering you have endured as a result of the accident.

Available Sources of Recovery

The financial recovery available in even the most catastrophic injury cases can often be limited by the available sources of recovery, such as insurance. Many Texans do no not carry sufficient liability insurance to cover the harms and losses that can be inflicted in even a moderate injury case. Further, many Texas do not carry enough of their own coverage, such as Uninsured/Underinsured Motorist Coverage (UIM), to protect themselves from other financially irresponsible and dangerous motorists. However, understanding the available sources of recovery often requires an investigation into the at-fault parties to determine whether they were in the course and scope of employment, have other assets, or are covered by some other insurance policy that might not be readily transparent.

Schedule a Consultation with a Personal Injury Lawyer 

Estimating these expenses may be helpful in establishing a ballpark figure for your settlement, but there will still be many unknowns until you speak with an expert personal injury lawyer. At FVF, our goal is to take the guesswork out of the process of filing a personal injury lawsuit, and to educate you on your rights and options before you have to make big decisions about your case.

Should you choose to hire FVF, we will begin gathering evidence, investigating the circumstances of your case, and working with your medical care providers to establish future medical costs and limitations. 

Contact us to schedule a free, remote consultation that will allow us to analyze your case in depth and provide a more accurate estimate of the compensation you are eligible to recover. 

Close

FVF

Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

More Posts By FVF

Continue Reading

Who Is Responsible for My Construction Accident Injury?

Construction sites are dangerous places, with any number of hazards and many different parties involved in the project. Because of...

Personal Injury

What If I Can't Afford a Car Accident Attorney?

A serious car accident can be devastating, leaving you emotionally and physically drained and dealing with very serious injuries. Adding...

Car Accidents

Texas Construction Accident Guide

While federal regulations, employer policies, and common sense can help make construction sites much safer than they would otherwise be,...

Car Accidents