Posted on behalf of Anderson Cummings on Jul 30, 2018 in Personal Injury
One of the most common questions attorneys are asked is how much a personal injury case is worth. Since every case is different, there is not a set value for a particular case.
However, an experienced Fort Worth personal injury attorney will have the knowledge and skills you need to accurately estimate the value of a lawsuit. Anderson & Cumming’s attorneys have decades of combined experience and have recovered millions in verdicts and settlements for our clients.
Below, we list several types of compensation that accident victims may be entitled to pursue through a personal injury lawsuit. Contact us to schedule a free, no obligation consultation to learn more.
Economic damages includes compensation for the financial losses you suffered as a result of the accident and your injury. These types of damages are usually obtained through a personal injury claim and may include compensation for:
After an accident, many victims require medical treatment to diagnose and care for their injuries. This often results in victims incurring expensive medical bills to pay for the cost of treatment.
However, victims may be compensated for their medical expenses through a personal injury claim. This may include compensation for:
- Past and future medical treatment
- Medical assistive equipment
- Doctors’ visits
- Medical testing
- Prescription medication
- Cost of a caregiver
Accident victims may also file a personal injury claim to receive compensation for lost wages. This may include compensation for any income that was lost while you are recovering from your injury.
Additionally, accident victims may be entitled to compensation for loss of income. However, this is reserved for victims who suffer injuries so severe that they are unable to work and earn an income. This may occur if a victim is fully disabled due to his or her injury.
To recover compensation for lost income, you will likely need to provide evidence that shows the amount of wages you would have earned had you not suffered an injury. This can include timecards, pay stubs or an employment contract provided by your employer.
Noneconomic damages is compensation for the intangible losses you suffered as a result of the at-fault party’s negligence.
However, noneconomic damages cannot be obtained by filing an insurance claim. Instead, you must file a personal injury lawsuit against the at-fault party to be compensated for:
Pain and Suffering
Victims may be entitled to pursue compensation for pain and suffering if they experienced extreme physical pain and discomfort due to their injury. Compensation for pain and suffering is often determined by how the victim’s injury has affected his or her life.
Damages for emotional distress is compensation for any psychological harm you may have experienced after the accident. This can include:
- Post-traumatic stress disorder
Loss of Enjoyment of Life
This includes compensation for the negative impact your injury has had on your life. This may occur if you are unable to enjoy the activities, hobbies or life style you maintained before suffering your injury.
Loss of Companionship
Loss of companionship is compensation for the adverse effect your injury has had on your personal relationships. This may include a loss of intimacy and companionship with your spouse or partner.
Typically, this type of compensation is intended for your loved ones and close family members who may have suffered as a result of your injury.
Punitive damages can only be awarded by a court and are reserved for cases where the at-fault party’s actions were severely negligent, reckless or intentional.
These damages are not intended to compensate the victim for his or her injury. Instead, punitive damages are a financial punishment imposed on the at-fault party to deter others from acting in a similar manner.
To be awarded punitive damages in Texas, you must be able to establish the following:
- You suffered some type of actual damages, such as property damage, lost wages, medical bills or mental anguish.
- The at-fault party’s conduct was grossly negligent, meaning that the defendant knew or should have known that their conduct was particularly dangerous and likely to result in harm.
Texas law caps the amount of punitive damages that can be awarded. The cap is twice the amount of economic damages in addition to an equal amount the jury awarded for non-economic damages, up to $750,000. If the jury did not award economic damages, punitive damages are capped at $200,000.
What If I Am Partially at Fault for the Accident?
Even if you are partially at fault for causing the accident, you may still receive compensation for your injury.
Under Texas’s modified comparative fault law, you will be assigned a percentage of fault based on the level of negligence you displayed during the accident. As long as you are less than 50 percent at fault, you can still recover compensation.
However, your claim will be reduced based on the percentage you have been assigned. For example, if you have filed a $100,000 personal injury claim, and are found to be 40 percent at fault, the maximum amount of compensation you can receive is $60,000.
Contact Our Attorneys
If you have been injured in an accident caused by another’s negligence, contact the skilled legal team at Anderson Cummings.
We will provide you with a free, no obligation consultation to discuss your claim and help you determine the compensation you may be owed. All of our services are provided on a contingency fee basis, which means you only have to pay us if we recover compensation on your behalf.
Call (817) 920-9000 to get started today.