Were you recently injured in a serious accident in Texas, causing you to suffer permanent injuries? Are you facing financial stress as you deal with your medical expenses and your inability to work? Are you curious about your options to hold the at-fault party accountable?
At Grossman Law, we are known throughout the state of Texas for our track record of achieving large financial settlements for folks who have suffered permanent injuries.
We invite you to contact us anytime to set up a free consultation with a qualified attorney.
If you aren't ready to discuss your case, no problem. This article will help you understand the factors that will play a role in determining what your permanent injury settlement might be worth.
What Goes into Calculating the Settlement Amount for a Permanent Injury?
Most personal injury cases do not go to trial. Instead, the insurance company and the accident victim typically reach an out-of-court settlement. These settlements provide accident victims with compensation for their injuries in exchange for their agreement not to pursue the case.
However, many accident victims are unfamiliar with the recovery process and have questions about how insurance companies come up with permanent injury settlement amounts.
Typically, a settlement for permanent injuries takes a few factors into account:
- The cost of your medical bills and the anticipated future cost of medical care;
- The long-term limitations you face;
- The degree to which you contributed to the accident;
- The extent of the pain and suffering you endured;
- The extent to which you suffer from permanent disfigurement; and
- The amount of past and future lost wages you missed out on earning.
Each of these is discussed in more detail below.
Past and Future Medical Expenses
It stands to reason that the greater your medical expenses, the greater any settlement award you can expect from the insurance company. When calculating medical expenses, it is essential you look at what you’ve already incurred as well as what medical care you may need in the future. For example, follow-up surgeries and lengthy courses of physical or occupational therapy both factor into a settlement amount.
Many accident victims face a long road to recovery; however, some may not ever fully recover from their injuries. Insurance companies are willing to offer more significant settlements to those accident victims who will suffer from limitations for the rest of their lives. For example, brain damage, spinal cord damage, and nerve damage can result in permanent limitations. They may also require the victim to obtain assistive devices to perform everyday tasks.
Pain and Suffering
Pain and suffering are non-economic damages. This means they do not require an accident victim to incur any direct expense like a hospital bill. Instead, pain and suffering amounts take into account the impact that an injury has on a victim’s life. When calculating pain and suffering, the insurance company should focus on the accident itself, and any painful medical procedures the victim needed because of their injuries.
Who is at fault is an important consideration when determining permanent injury settlement amounts. Generally, the insurance company will reduce a settlement amount if it believes an accident victim is at fault. This is because, under state law, a judge overseeing a personal injury trial must reduce a jury’s damages award by the accident victim’s percentage of fault.
If an accident victim suffers permanent scarring or other visible disfigurements, it reflects the long-term emotional distress they will face. Permanent disfigurement settlement amounts tend to be particularly high if the accident victim is young or works at a job that relies on their appearance.
If an accident victim’s injuries are so severe that they are unable to work for the rest of their life, any settlement award must take this into account. However, any period of lost wages should be factored into a permanent injury settlement.
Dealing with an insurance company after a serious accident can be an overwhelming experience. However, this is not a journey you need to embark on alone.
Contact an Experienced Serious Injury Lawyer to Discuss Your Case
If you or a loved one recently suffered severe injuries as a result of another’s negligence, reach out to the Grossman Law Offices today. At the Grossman Law Offices, we have more than 30 years of experience aggressively advocating on behalf of accident victims and their families. Over this time, we’ve helped countless clients secure meaningful compensation through permanent injury settlements.
Our deep compassion for our clients sets us apart from other Texas personal injury law firms. We will listen attentively to your concerns, answer your questions, and provide you with sound advice on how to effectively pursue your claim.