The Value of a Personal Injury Claim
If you have been involved in any type of accident, whether it involves a vehicle, slip and fall, defective product, or medical malpractice, it is important to ensure that you receive appropriate compensation for your injuries. However, the only effective way to do that is by filing a personal injury lawsuit. When it comes to calculating the value of your claim, you will need to consider the different variables at play. It is important to realize that multiple factors play a role in the claims process, and each one has an effect on how everything turns out. You should take the opportunity to consult a reputable Houston injury lawyer to make sure that you receive compensation for your injuries.
What Factors Affect the Value of Your Injury Claim?
If you have been involved in an accident that was another party’s fault and are injured, you are entitled to appropriate compensation. You might receive compensation without necessarily having to fight for it, but this is not always the case. That’s why it is important to have a firm representing you that will properly assess the value of your claim based on the following variables:
The first key consideration likely to affect your claim’s value is the medical fees incurred in your treatment. It may include the cost of therapy, adaptive medical devices, specific pain medication, as well as transportation to and from the doctor’s office/hospital. Medical costs will definitely accumulate, and you will want any expenses to be refunded. The same applies to a permanent injury and all the costs associated with it.
Pain and Suffering
If you are suffering mentally or emotionally from the injuries inflicted in the accident, you will want to be compensated for that pain and suffering. This is part of the non-economic damages that you can seek in your claim. The amount of compensation you seek for pain and suffering will largely depend on the effect the accident has on your quality of life.
A clear example of non-economic damages you can seek for your pain and suffering can be something as simple as Post Traumatic Stress Disorder (PTSD). If you want to know whether or not you are entitled to non-economic damages such as pain and suffering, you need to get in touch with a Houston injury lawyer.
Key Variables That May Impact the Value of Your Claim
Here are other additional variables likely to play a role in determining the value of your claim:
Comparative negligence states that once an accident happens, each party’s negligence is based upon their respective contributions to the accident and the resulting injuries. It is often used by insurance companies to throw the blame onto you so that they don’t have to pay so much for your claim.
For instance, say that you are held 30% responsible for the accident, and the gross damages are set at $100,000. Based on comparative negligence, you will be required to cover at least $30,000 in damages out of the $100,000. The other party will cover the rest.
Under the comparative negligence rules, if you are over 50 percent responsible for the accident that caused the injuries, you aren’t entitled to any compensation. Please note that while Texas follows this comparative negligence model, not every state does. Make sure to speak with a local personal injury attorney who knows the negligence laws in your state.
Insurance companies have specific limits in place regarding the total amount of compensation that can be paid out. This amount will depend on your insurance policy. It is important to consider those too because there are policy limits when it comes to such accidents. For instance, the insurance company may only be willing to pay $100,000 of the damages based on its policy limits, even though the court set the reward at $125,000.
Many people wouldn’t be able to claim the remainder from the at-fault party since it will cost more. Thus, it can make it difficult to obtain the compensation you are rightfully entitled to even though the court has awarded it. In such a scenario, it would be rather challenging to move forward with your claim, which is why you need to hire a personal injury lawyer.
Why Should You Hire a Houston Injury Lawyer for Your Claim?
When it comes to filing a personal injury claim following your accident and the resulting injuries, it is critical that you take the proper steps. To ensure that everything is done right, you should consider hiring a Houston injury lawyer to help you with your claim. The lawyer will offer legal representation and ensure that you receive the compensation you are rightfully entitled to.
You will want to first consult a qualified personal injury law firm in Texas and ensure that you get started immediately. McDonald Worley can quickly move forward with your claim. Contact us today for your free consultation and to get started.