Personal Injury Cases: How Much Are They Worth?
Personal Injury Cases: How Much Are They Worth?
One of the first question clients ask our Beaumont personal injury attorneys is how much their case is worth. We understand why this is. As much as people say they sue somebody because they want justice, the truth is that they want the defendant to pay. If a third party did something to harm you, they should pay. However, under Texas law, they can only be forced to pay for damages they actually caused. Just because you were injured, that doesn’t mean you can demand damages in excess of your losses. If this doesn’t make sense, that’s okay. We’re going to discuss this in detail below.
One other important thing you should keep in mind is that your Beaumont personal injury attorney cannot give you a precise figure when it comes to how much your case is worth. Every case is unique. The facts of your case are different from every other personal injury case filed. Therefore, it wouldn’t be fair for anybody to tell you exactly how much your case is worth. You have to wait for it to play out. Just know that your lawyer is going to do their best to get you as much money as possible. At the end of the day, they have your best interests at heart.
Why is It Impossible for Your Beaumont Personal Injury Attorney to Predict Exactly How Much Your Case is Worth?
As mentioned above, nobody can tell you exactly what your case is worth. If an attorney promises you that they’ll get you a certain amount of money, they aren’t doing right by you. Of course, your Beaumont personal injury attorney can give you a idea of what it’s worth. For example, they can explain what sort of damages you’re going to demand in your lawsuit. However, most cases settle so there’s a good chance you’ll have to compromise a bit.
Your lawyer would love to be able to give you a precise answer. Unfortunately, they really won’t know how much it’s worth until they have a chance to review all the evidence. This includes evidence proving your case as well as evidence put forth by the defendant. Even when they’ve had a chance to review this information, they still have no idea what your case will settle for. There’s a lot of give and take during the settlement process. They can’t possibly predict how much you’ll decide to give and take.
Your Beaumont Personal Injury Attorney Will Demand Compensation for Your Injuries
We don’t want to give the impression that you won’t be entitled to damages at all. You just have to prove each type of damages in order to recover compensation. Most personal injury cases involve similar claims for damages. The most common type includes the following:
- Medical bills – Most personal injury cases involve a claim for damages resulting from medical bills. This includes current and future medical bills. You probably have outstanding medical bills related to your accident. Your health insurance may have covered some of your treatment as well. They’re going to expect to be reimbursed in full. You should also be reimbursed for any out-of-pocket medical bills you accrued. In addition, if your doctor has informed you that you’ll need future medical care, the defendant should be liable for this as well.
- Property damage – Since motor vehicle accidents make up a large percentage of personal injury cases, it’s important to include property damage. You can demand to be compensated for the repair or replacement of your vehicle. If your car was declared totaled by the insurance company, then the defendant should have to pay you fair market value for its replacement.
- Lost wages – If you missed more than a couple of weeks of work due to your injuries, you can demand compensation for lost wages. Your Beaumont personal injury attorney will submit copies of your personnel records to demonstrate how much you’ve lost.
- Lost future income – If your personal injury is minor, it probably won’t affect your ability to do your job. However, if you were seriously injured, there’s a chance that you’ll have to change careers. Even worse, you may find yourself partially or totally disabled. If this is the case, the defendant will be held liable for the difference in income you’ll now receive. Your attorney will calculate this by finding the difference between what you would’ve earned had the accident never happened and what you’ll actually earn in the future.
- Pain and Suffering – Most personal injury cases include a demand for pain and suffering. Beaumont personal injury attorneys are skilled at calculated your pain and suffering. These damages are meant to compensate you for any mental or physical anguish you experienced as a result of your injuries.
Your Beaumont Personal Injury Attorney May Have to Consider Comparable Fault
Your attorney can work the numbers any way they want. However, they also have to account for proportionate fault. In Texas, if a plaintiff is found to be partially responsible for their accident, their damages will be reduced. This is called the comparative fault rule. This means that, if you’re found 20% at fault, your settlement will be 20% lower. Since your Beaumont personal injury attorney has no idea upfront if you’ll be found partially at fault, they won’t know how to account for comparative fault.
Typically, this doesn’t come up until settlement negotiations start. Of course, the defendant’s lawyer is going to include a statement about your fault in their answer. The answer is the defendant’s response to your initial complaint or lawsuit. Until your attorney has a chance to haggle with the other party’s lawyer, they won’t know how this factor will impact your case.
If You Settle Your Case, You’ll Have to Compromise
More than 95% of all personal injury cases settle out of court. This means that you’ll never go before a judge or jury to plead your case. When Beaumont personal injury attorneys negotiate with the defendant’s lawyer, they’re going to have to compromise. That’s the whole point of settlement negotiations. Even if you’re demanding $200,000, you can’t expect to walk away with that amount of money. Plus, when you are paid, you have to pay off any outstanding bills. You’ll also have to pay your attorney their fee. This makes it difficult to predict how much you’ll net from your personal injury lawsuit. Rather than focus on how much you’re getting, focus on the fact that you’ll be made whole when all is said and done.
What you should do is call one of our Beaumont personal injury attorneys today and schedule your free, initial consultation. They can answer any questions you may have about your case’s value.