Personal injury law allows you to pursue financial compensation for the injuries and damages you’ve sustained due to the negligent actions of another person. If you’re in this situation, you may wonder how much compensation you can receive.
The answer to that pressing question will depend on the unique factors of your case. It helps to examine the damages you may be entitled to collect in your circumstances.
When assessing the worth of your personal injury case, the amount of compensation is contingent upon various factors related to your unique circumstances. Expert personal injury litigators play a crucial role in evaluating the damages you may be entitled to pursue.
Calculating Economic Damages
The first step in determining how much your personal injury case is worth is calculating your economic damages. As the name suggests, these are the financial losses you’ve incurred as a result of your injuries from the accident.
Economic damages can be determined by tallying up your expenses from the accident. Generally, this will include all of your medical bills, including your ongoing treatment, any equipment or medical devices you may need, medical modifications to your home for your injuries, and prescription medications.
You can also seek damages for your lost wages if you are unable to work in the short or long term due to your injury. Some injuries will hinder your earning capacity in the future, which you can also list in your economic damages. In cases such as car or truck accidents, you can also receive compensation for your damaged or destroyed property.
Calculating Non-Economic Damages
Non-economic damages are subjective, but with the right evidence and the help of a personal injury attorney, you can prove that they should be a part of your total compensation.
These damages include pain and suffering, permanent disfigurement, loss of enjoyment of life, psychological problems, and emotional distress. It is important to note that these may not apply in every case, and you will require expert testimony to prove why you need compensation for your non-economic damages. Attorneys often recommend that injury victims keep a journal detailing how their injuries have affected their lives.
With both economic and non-economic damages, the worth of your case will hinge on the severity of your injuries. For example, if you slip and fall on a wet floor in a store and break your arm, you’ll most likely make a full recovery. However, if you are in a truck accident and endure serious injuries that leave you with a permanent limp, severe burn injuries, or the loss of a limb, your case will be worth much more.
How Modified Comparative Negligence Can Affect the Value of Your Case
Another layer of complexity is added to personal injury cases in Texas with the modified comparative negligence rule. This means that an injury victim could share a percentage of fault for their injuries.
Your compensation award would be reduced by this percentage. As long as you were less than 50% at fault, you can still receive compensation. Anything over that percentage means that you will not be permitted to collect anything. Working with an attorney can help you understand how this rule may impact your case.
