Personal Injury Settlements in Texas: Myths vs. Reality

What is my personal injury claim worth? That is a key question any victim may ask themselves after a serious accident. What most people know about personal injury settlement amounts is clouded by myths and misperceptions, however. 

If you were seriously injured in an accident due to the careless act of another, don’t depend on myths about what a personal injury claim might be worth in a settlement. Start your claim by getting the information you need from an experienced Texas personal injury lawyer. 

Why Are Some Personal Injury Settlements Higher Than Others?

There are cases in which a plaintiff wins millions of dollars by jury verdict or settlement in a personal injury case

High-dollar settlements in a personal injury claim are indeed possible but depend on certain factors, including: 

  • Severity of Injuries. Severe injuries causing serious harm will increase the amount required to settle a personal injury case. 
  • Permanency of Injuries. Permanent, disabling injuries are typically associated with larger settlement amounts and jury verdicts.
  • Lost Ability to Earn Income. When an accident leads to a career-altering injury for the victim, they can claim lost future income as part of their damages. Lost wages are estimated by the victim’s earning capacity before the accident. 
  • Insurance limits. You may deal with an insurance company if you were injured by an individual, business, or other entity. When insurers get involved, a personal injury settlement can be dictated by the insurance company. If the defendant carries insurance with high coverage limits, a higher settlement is possible. 
  • Wealth of the Defendant. Like insurance coverage, a defendant’s ability to pay will impact settlement negotiations. If the defendant is an individual with limited financial means, a high settlement figure is less likely. If the defendant is a business or corporation with significant assets, they might settle a claim quickly and for more money.
  • Pain and suffering. Damages in a personal injury claim will include actual costs like medical bills, lost hours at work, therapy and rehab expenses, and other costs that can be identified on invoices. Pain and suffering in a personal injury case is a “non-economic” damage factored into the worth of a personal injury claim in Texas. When the pain and suffering of a victim is significant, that will increase the amount of a settlement the plaintiff will seek. 
  • State law. In some Texas personal injury cases, a plaintiff can win punitive damages if the defendant acted with gross negligence, malice, or fraud. Texas law on punitive damages, also known as exemplary damages, sets the standard for when these damages apply. 

A personal injury lawyer can help you navigate the various factors influencing settlement negotiations in a Texas personal injury claim. 

What Is a Fair Settlement in a Texas Personal Injury Case? 

When you’ve been injured by another person’s actions, you have a legal right to compensation for those injuries. Fair compensation includes costs you can easily prove through medical bills, paystubs, bank statements, invoices, and repair estimates. A fair settlement in a Texas personal injury claim may also include pain and suffering, diminished quality of life, mental anguish, and disability or disfigurement. 

Settling too quickly without considering a personal injury claim’s long-term and intangible aspects is a mistake. A Laredo personal injury attorney with a track record of success in Texas personal injury claims will know how to obtain a settlement that fairly accounts for your full range of costs and losses. 

Will My Personal Injury Case Settle Quickly?  

The time needed to settle a personal injury case in Texas is always subject to myths and rumors. This is because each case is different – some settle quickly, and the victim is paid within weeks. Other cases can take much longer – sometimes over a year from start to finish. However, your case and most others will likely settle somewhere in between. 

How long your claim takes will depend on different factors, including how quickly you file, your attorney’s aggressiveness in negotiating with the other side, and a willingness to settle. The unique factors of your case will also influence the time involved. No matter what, your best option is to meet with an experienced Texas personal injury lawyer as soon as possible to discuss your case. 

Will My Personal Injury Case Go to Trial?

Not all claims end up in a courtroom showdown. In fact, only about 5% of personal injury cases go to trial. The majority are either settled or resolved through motion hearings. A skilled attorney will be able to guide you through all the steps and know when a settlement is preferable to a court trial. 

Do I Need a Personal Injury Lawyer to File a Claim?

You can file a personal injury claim on your own, but the chances of success are much lower when dealing with defendants, their attorneys, and their insurance companies. This could be your first and only chance to get what you rightly deserve for your injuries. Trust your claim with an experienced Laredo area personal injury lawyer who has fought – and won – for clients just like you. 

Contact a Laredo Personal Injury Lawyer for Help With a Settlement

At Roderick C. Lopez Personal Injury Lawyers in Laredo, TX, we know your case is unique and will work hard to negotiate the optimal settlement for you. Our experience in filing the proper paperwork, negotiating with attorneys and insurers, and fighting for you in court will allow you to heal and feel confident in the path you are taking. 

Our firm has experience in a wide range of personal injury claims in the Laredo, Texas, area and can help you learn what you can realistically expect when you file a personal injury lawsuit. To learn more about personal injury settlements, feel free to call our office at (956) 529-7336 and schedule a free consultation to start your claim now.