What Kind of Compensation Can I Expect for My Injuries?

After an accident in Houston, you may wonder, “What kind of compensation can I expect for my injuries?” While online settlement calculators provide rough estimates, they often overlook key factors that affect your claim. Various factors, including medical costs, lost wages, and the extent of your pain and suffering, play a role in determining your final settlement amount.

At Armstrong Lee & Baker LLP, we believe every injury case is unique. Your compensation depends on the nature of your injuries, how they affect your daily life, and the responsible party’s degree of negligence. Some cases are simple and only cover the current medical expenses, but others include a much larger sum that includes long-term care and emotional damages.

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Calculating Personal Injury Damages

Your compensation covers both economic damages, such as medical bills and lost wages, and non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life. The severity of your injuries plays a crucial role in determining your claim’s value. Accurately calculating damages requires assessing the specifics of your case, including medical costs, long-term care needs, and the degree of negligence involved. Consulting an experienced attorney can help ensure that all relevant factors are considered when determining your compensation.  

Key elements of potential compensation to consider include:

Medical Expenses: Medical expenses include treatment-related costs such as doctor visits, surgery, medication, physical therapy, and any future medical treatment because of your injuries. Many victims underestimate the long-term medical costs of ongoing rehabilitation and specialized care, which can last months or even years after an accident. Moreover, severely injured victims may need to modify their homes or vehicles for their disabilities, which also can be recovered in a claim.

Lost Income: You can recover the lost income that you may have incurred as a result of not being able to work while recuperating. This also includes any lost income in the future in case the injury prevents you from working at the same level. If your permanent disabilities make it impossible for you to return to your previous job, then you may claim loss of earning capacity. If your injuries prevent you from returning to your previous job, you may need vocational rehabilitation to transition into new employment. These costs can be included in your claim.

Pain and suffering: This accounts for physical discomfort and mental anguish caused by your injuries. The more serious and the longer your pain is, the higher the amount usually awarded in compensation. Where chronic pain conditions develop from the accident, which may need further pain management treatment, the compensation award is much higher.

Psychological damages: Psychological damages include trauma, anxiety, and depression caused by the accident. Many victims suffer from PTSD, clinical depression, or severe anxiety, which can significantly impact their daily lives.  In particularly severe cases, such as those involving violent collisions, these psychological effects can lead to long-term emotional and financial strain on families. The costs of therapy and treatment related to mental health may also be recoverable within your personal injury settlement.

Loss of consortium: If your injuries render you unable to have a relationship with your family members, then you may claim for loss of companionship. This could be quite relevant in the event that a partner is no longer able to keep you company or provide emotional or physical support because of the damage suffered. In very serious situations, loss of consortium claims can also extend to parental relationships whereby injury prevents a parent from guiding or tending to their kids.

Property Damage: If there was a personal property that sustained some damage in the accident, you are entitled to repair costs or its replacement. This may include but is not limited to, damages to a vehicle, electronic devices, and whatever else of value that was involved in the accident. In other cases, damages for loss of use may also be added, which compensate the victim for the period of time in which he was deprived of using his damaged property.

Related Article: What Are Nominal Damages in Texas?

What Factors Affect the Compensation Amount?

There are several factors that may determine how much compensation you may be entitled to. These include, among others:

Nature of Injuries: How Extent of Injury Affects Compensation

More severe injuries typically result in higher compensation due to increased medical expenses and longer recovery periods. Where the victim suffers permanent disability, the settlements are usually very high because this injury is carried throughout one’s lifetime.

Length of recovery time: Why longer healing periods increase settlement amounts

The longer you can’t work or enjoy other activities because of your injuries, the more you could get. Long recovery periods mean much greater lost wages and often longer-term medical treatment. Each of these factors is one way in which your compensation is determined. The injuries that require multiple surgeries, extensive physical therapy, or extended rehabilitative care are typically awarded more in damages to provide for continued medical needs.

Negligence of the responsible party: How fault affects your claim

How much the other party was at fault for the accident will have a significant impact on your compensation. If it is clearly obvious that the other party was negligent, this will enhance your claim and the amount of compensation awarded. If the responsible party was acting recklessly or violating laws, such as driving under the influence, punitive damages may also be awarded to further compensate the victim.

State laws: How Texas regulations may affect your case of personal injury

Each jurisdiction has different rules regarding personal injury compensation. Economic damages include medical expenses and lost wages, while noneconomic damages refer to compensation for pain and suffering, emotional distress, and loss of enjoyment of life. Texas also applies the modified comparative negligence rule: the percentage determined by the fault you are liable for in relation to the accident may reduce the compensation. It would imply recoveries of damages upon being partially at fault, although your payout shall be reduced depending on the award percentage.

Multiple variables affect personal injury compensation, including the extent of injuries, liability determination, and available insurance coverage. Insurance companies and defense attorneys often attempt to minimize payouts by arguing that the victim’s injuries are less severe than claimed, which is why strong legal representation is crucial.

Furthermore, limits in insurance policies greatly impact the outcome of settlements. If the negligent driver carries a minimal amount of insurance, the victim is then forced to go under his or her underinsured/uninsured motorist coverage, if any, or sue through a lawsuit for the assets of the party at fault. Other times, other corporate liability insurance or personal umbrella policies may be options that could produce more compensation.

Other factors that might be considered in evaluating the injuries suffered would include medical records, expert opinions, and statements from witnesses. Documenting evidence through photographs and other medical documents, as well as physician statements, often provides a legitimate case. Generally speaking, intense litigation is needed as the method by which, at times, one can hope that all identifiable losses are valued and that no insurance company dares to undervalue an injury case seriously.

Average Settlement Amounts for Common Cases

Settlement amounts can vary widely based on the specifics of each case. In Texas, personal injury settlements can range from modest payouts for minor injuries to multi-million-dollar verdicts in catastrophic cases. For example, minor injuries might result in settlements of a few thousand dollars, while severe injuries, such as traumatic brain injuries or spinal cord injuries, can lead to settlements in the hundreds of thousands or even millions. If a case goes to trial, the amount awarded can be significantly higher, depending on the evidence presented and the jury’s verdict.

Many settlements also consider future medical costs and lost wages, especially if the victim is left with permanent disabilities. Victims who suffer from conditions requiring lifelong medical care, such as spinal cord injuries, often receive higher compensation to cover these long-term expenses. In some cases, settlements also account for necessary home modifications, adaptive equipment, and in-home nursing care to help victims adjust to their new circumstances.

Another significant factor is the impact of the injury on a victim’s career. Compensation for lost earning potential is often included, especially if the victim can no longer work in their previous field. If retraining or education is necessary for the individual to find new employment, settlement amounts may reflect those additional costs.

Additionally, pain and suffering calculations vary based on the severity of injuries and the impact on the victim’s daily life. In some cases, attorneys use a multiplier method, where economic damages are multiplied by a factor (usually between 1.5 and 5) to determine non-economic damages. Courts may also consider the emotional and psychological toll the accident has taken on the victim, further increasing the potential compensation.

Consult an experienced personal injury lawyer

At Armstrong Lee & Baker LLP, we fight for Houston residents to secure the full compensation they deserve. Don’t let insurance companies undervalue your claim—contact us today for a free consultation and take the first step toward justice.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.