Car accidents, slip and falls, and other accidents can leave you to shoulder the financial, psychological, and physical burdens of an injury. When someone else’s actions injure you and your property, you have the right to seek justice.
You may be wondering what your personal injury claim is worth and how to get every penny you’re owed. In this post, we’ll talk about an average personal injury settlement in Texas, how to calculate your damages, and how a lawyer can help you maximize your Texas personal injury settlement.
What Is an Average Personal Injury Settlement Amount?
Unfortunately, there isn’t a one-size-fits-all dollar figure for an average personal injury settlement in Texas. Each case is unique; each plaintiff’s injuries require varying levels of treatment.
Hiring an experienced attorney to represent you during the negotiation of your Texas personal injury settlement increases your odds of receiving compensation. Additionally, Texas personal injury lawyers, like those at the Hartley Law Firm, know what evidence to look for to help tailor a rock-solid argument to back up your claim for compensation.
What Are the Factors That Might Impact the Amount of My Personal Injury Settlement?
Factors impacting the amount of your Texas personal injury settlement include:
- The severity of the injury;
- The likelihood that you’ll fully recover;
- The timeframe for rehabilitation;
- The circumstances of the accident; and
- The type of personal injury claim.
To calculate personal injury settlement amounts, parties may also research what juries awarded plaintiffs in similar cases.
Depending on what type of personal injury claim you have, there may be limits on what you can ask for during settlement negotiations. For example, Texas has a cap on noneconomic damages in medical malpractice case that limits recovery to $250,000 per claimant.
The average personal injury settlement in Texas accounts for all the circumstances of your case to reach a fair and just amount. Negotiating your personal injury settlement is no small feat. The insurance company may try to badger you into accepting an offer far below the true worth of your claim. Having a trusted, steady Texas personal injury settlement lawyers at the table can mark the difference between a successful and unsuccessful settlement.
What Types of Damages Can I Receive in a Texas Personal Injury Settlement?
There are three broad types of damages that you might receive in a Texas personal injury settlement:
- Economic damages,
- Noneconomic damages, and
- Punitive damages.
The total amount of your Texas personal injury settlement is a combination of these.
Generally speaking, economic damages compensate you for the financial loss of the accident. In contrast, noneconomic damages compensate you for the human cost of the accident, such as pain and suffering. Finally, punitive (or exemplary) damages serve to punish the wrongdoer and deter future wrongdoers from committing the same or similar acts.
Punitive (exemplary) damages are appropriate in very limited circumstances. If the at-fault party’s intentional, willful, wanton, or egregious conduct caused your injury, then punitive damages may be appropriate and necessary. That said, an award of punitive damages is still rare. A Texas personal injury attorney can review your case and determine if punitive damages might be appropriate.
How Do I Calculate Damages for My Texas Personal Injury Settlement Offer?
Before bringing your offer to the negotiation table, how do you know what a good offer is in a personal injury settlement? Below, we’ll talk a bit more about how to calculate your damages, which you will use to back up your personal injury settlement offer.
Calculating Economic Damages
Economic damages are quantifiable losses, including the following:
- Medical costs,
- Lost wages,
- Hospital bills,
- Rehabilitation costs,
- Emergency care costs,
- Transportation costs, and
- Property damage repair cost.
Economic damages typically include future medical costs and lost wages. Your injury may require ongoing physical therapy or multiple surgeries, for example. In this case, you or your lawyer can provide evidence to support this and include it in your settlement proposal. Affidavits or opinions from knowledgeable healthcare professionals and specialists can bolster your claim. It will be more difficult for the opposing party to refute your claim if you have this supporting documentation.
Personal injury attorneys, like those at the Hartley Law Firm, are well-versed in obtaining this and other types of evidence you need to create a solid offer.
Calculating Noneconomic Damages
Noneconomic damages serve to ease the emotional and psychological burden of your injury. Noneconomic damages include compensation for:
- Pain and suffering,
- Loss of consortium,
- Loss of quality of life,
- Loss of enjoyment of life, and
- Permanent disfigurement.
There are three common ways to calculate your noneconomic damages: the multiplier method,, the per diem method, and the personal injury settlement calculator.
To use the multiplier method to calculate your noneconomic damages, you multiply your economic damages by a multiplier. The multiplier is typically a number between 1.5 and 5. The multiplier corresponds to the severity of the injury and the impact that it has had and may continue to have on your life. For example, a higher multiplier—say, 3 or 4—may be appropriate if you broke both arms and will have to undergo multiple surgeries. Minor injuries such as whiplash likely merit a lower multiplier.
Per Diem Method
Using the per diem method, you multiply your average daily wage by the number of days that you were or expect to be unable to meaningfully participate in your day-to-day life. For example, let’s say your daily average wage is $200 and the injury required surgery and a 30-day recovery. In this case, your per diem pain and suffering calculation may come out to $6,000.
Using a Personal Injury Settlement Calculator
To calculate personal injury settlement amounts, insurance companies and some attorneys may use a personal injury settlement calculator. These programs use artificial intelligence to calculate damages by examining medical records, verdicts in similar cases, and other factors. contact
During settlement negotiations, insurance companies may present you with a dollar amount and tell you that their hands are tied because of the algorithm. This is not the case.
If the insurance company attempts to stonewall you into accepting a low offer, you need the help of a Texas personal injury settlement attorney. They are familiar with insurance companies’ tactics and can fight for your interest in receiving a fair and just personal injury settlement.
How Hartley Law Firm Can Help You Calculate Your Personal Injury Settlement
Here at Hartley Law Firm, our significant trial experience means we understand what an average personal injury settlement might look like for your case. We aggressively and tirelessly fight for our clients, regardless of the size or sophistication of the opposition. Don’t go to the negotiation table alone. Contact us online or give us a call.