Partner
If you’ve been injured due to someone else’s negligence in Bryan, Texas, you may be wondering how much you can recover in a personal injury claim. The amount you can receive in compensation varies widely depending on the specific details of your case. Scott Scherr at The Payne Law Group understands how overwhelming this process can be. That’s why we’ve put together this guide to help you understand the factors that influence your potential recovery and how we can assist you in seeking the compensation you deserve.
Types of Compensation in Personal Injury Claims
When filing a personal injury claim in Bryan, Texas, there are typically two broad categories of damages that you may be entitled to recover: economic damages and non-economic damages.
Economic Damages
Economic damages compensate you for measurable financial losses caused by the injury. These damages are relatively straightforward to calculate because they are based on actual costs and expenses that you’ve incurred as a result of the injury.
Some of the most common types of economic damages include:
- Medical Expenses: This includes the cost of hospital bills, doctor visits, surgery, prescription medications, physical therapy, and any other medical treatment related to your injury. You are entitled to recover past medical expenses and the estimated cost of future medical care.
- Lost Wages: If your injury prevents you from working, you may be entitled to compensation for the wages you lost during your recovery. This includes both your current lost income and any future wages if your injury impacts your ability to work in the long term.
- Property Damage: If your property, such as your car or personal belongings, was damaged in an accident, you can seek compensation to repair or replace it.
- Out-of-Pocket Expenses: These include any additional expenses incurred because of your injury, such as transportation costs for medical appointments or the need to hire someone to help with household chores.
Non-Economic Damages
Non-economic damages compensate you for the intangible, non-financial impacts of your injury. These types of damages are often harder to calculate because they are based on subjective factors, but they are just as important as economic damages in achieving a fair recovery.
Common non-economic damages include:
- Pain and Suffering: This refers to the physical pain and emotional distress caused by your injury. It takes into account both the current pain you experience and any long-term discomfort or impairment resulting from the injury.
- Emotional Distress: Many people experience significant psychological distress following an accident, especially if the injury is severe or life-altering. Emotional distress damages can help compensate you for anxiety, depression, or trauma caused by the accident.
- Loss of Enjoyment of Life: If your injury prevents you from participating in activities you once enjoyed, such as hobbies or socializing with friends, you may be entitled to compensation for the loss of those activities.
- Loss of Consortium: If your injury affects your relationship with your spouse, you may be eligible for compensation for the loss of companionship, affection, and intimacy.
Punitive Damages
In some cases, punitive damages may be awarded. Unlike economic and non-economic damages, which are designed to compensate you for your losses, punitive damages are intended to punish the defendant for particularly reckless or intentional conduct. These damages are relatively rare and are typically only awarded in cases of gross negligence or deliberate harm.
Factors That Affect Your Potential Recovery
Several factors will influence the amount of compensation you can recover in a personal injury claim. Some of these factors include:
Severity of the Injury
The more severe your injury, the higher the potential for a larger recovery. Severe injuries like traumatic brain injuries, spinal cord injuries, or amputations can result in significant medical expenses and long-term care needs, which will increase the amount of compensation you are entitled to. On the other hand, minor injuries such as a sprained ankle or a small bruise will typically result in a lower recovery amount.
Degree of Fault
Texas follows a modified comparative negligence rule when it comes to personal injury claims. This means that if you are partially at fault for the accident, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% responsible for the accident, your recovery will be reduced by 20%. However, if you are more than 50% at fault, you may not be eligible for compensation.
Insurance Coverage
The amount of compensation you can recover in a personal injury case is often limited by the at-fault party’s insurance coverage. For example, suppose you are injured in a car accident, and the driver who caused the accident only has $50,000 in insurance coverage. In that case, that amount will likely be the maximum amount you can recover, even if your damages exceed that amount. In such cases, you may need to seek compensation from your own insurance or take legal action against other responsible parties.
Impact on Your Life
The extent to which the injury affects your daily life is also a key factor in determining how much you can recover. If your injury prevents you from working, enjoying life, or participating in your usual activities, you may be entitled to a higher settlement to reflect the impact on your quality of life.
Strength of Your Case
A well-documented and strong case is more likely to result in a larger settlement or verdict. Evidence such as medical records, witness testimony, and expert opinions can significantly impact your case’s value. If you hire an experienced personal injury attorney, they will gather and present the necessary evidence to maximize your recovery.
Why You Need an Experienced Personal Injury Lawyer
Determining how much you can recover in a personal injury claim can be a complex process, and the factors mentioned above all play a role in the final outcome. Having a skilled personal injury attorney, such as Scott Scherr at The Payne Law Group, is essential to maximizing your recovery. A lawyer will help ensure that your medical bills are properly documented, your lost wages are calculated accurately, and the full extent of your pain and suffering is taken into account.
Call The Payne Law Group
While the amount you can recover in a personal injury claim depends on a variety of factors, understanding what types of damages are available and how they are calculated is crucial to making informed decisions about your case. By working with an experienced attorney like Scott Scherr at The Payne Law Group, you can ensure that your case is handled with the compassion and attention it deserves. Contact Scott Scherr at The Payne Law Group to discuss your case and seek the compensation you deserve.