What Is the Average Settlement for Personal Injury Cases in Texas?
If you or a loved one has been injured in an accident, you may be wondering what kind of settlement you can expect. While most personal injury claims in Texas are typically resolved through negotiation rather than trial, settlement amounts vary widely depending on the specific facts of each case. Roughly 95% of cases are resolved through settlement.
The average settlement for personal injury cases in Texas depends on the factors involved in the case. One study determined that the average settlement was $31,000. However, settlements range from thousands to millions of dollars.
The Severity and Type of Your Injuries
The nature and extent of your injuries play a major role in determining the value of your personal injury settlement. Since your damages are directly tied to your injuries, more severe or long-term harm typically results in higher compensation.
For example, a spinal cord injury requiring surgery and months of rehabilitation will likely lead to a much larger settlement than a minor soft tissue injury that heals quickly with minimal treatment.
Pain and Suffering Damages
Non-economic damages represent your pain and suffering. These damages also tend to increase with the severity of your injuries. Pain and suffering include scarring, disfigurement, emotional distress, and mental anguish. It also includes the loss of quality of life and enjoyment of life. The more your injury impacts your daily activities, the greater your pain and suffering damages.
The Amount of Financial Losses
Typically, you can include all economic damages in a personal injury settlement. These damages include medical bills, out-of-pocket expenses, lost wages, and other financial losses. Keeping detailed records of all losses, including evidence of the losses, increases your settlement amount.
Many people overlook the expenses they pay out of pocket, including help with household chores, travel expenses, and personal care. Keep records and proof of every dollar you spend or lose related to your accident to increase the value of your case.
Evidence Proving Legal Elements of a Claim
The strength of the evidence you produce proving your claim impacts your negotiating power. The stronger the evidence, the stronger your negotiating position. Negligence is the most common ground for personal injury cases.
The legal elements of negligence are:
- The party that caused your injury owed you a duty of care
- That party breached the duty of care through their actions or inactions
- The breach of duty was the direct and proximate cause of your injuries
- You incurred damages because of the party’s conduct
Evidence in a personal injury case may include documentary evidence, such as police reports, medical records, photographs of the accident scene, and employment records. Testimony from the parties, eyewitnesses, and expert witnesses may also be used to prove a claim.
Disabilities and Impairments
Some accident victims may sustain catastrophic injuries that result in lifelong impairments and disabilities. In these cases, the accident victim can demand future damages as part of their personal injury settlement amount.
Future damages can include:
- Ongoing medical treatment and personal care
- The reduction in quality of life caused by the impairment
- Future loss of income and diminished earning capacity
- Ongoing pain and suffering
It can be challenging to value future damages. Your attorney may hire financial professionals, medical specialists, and other experts to correctly estimate future damages.
Your Role in Causing the Accident
Texas follows a modified comparative fault rule, meaning you cannot recover any compensation if you are found to be more than 50% responsible for your injuries. For example, if a jury determines you were 53% at fault in a slip and fall case, you’ll be barred from receiving any damages.
If your share of fault is 50% or less, you can still recover compensation, but it will be reduced by your percentage of fault. Insurance companies often try to shift blame to minimize payouts, so having an experienced personal injury attorney is key to defending your rights and preserving the value of your claim.
Seeking Help with a Personal Injury Settlement in Texas
Working with a skilled attorney can significantly improve your chances of securing a fair personal injury settlement. Contact The Law Firm of Alton C. Todd today to schedule a free consultation with a knowledgeable Galveston personal injury lawyer.
Please contact an experienced personal injury lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas:
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
(409) 207-9299
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
