Dec 19

What Factors Play Into Your Potential Compensation After Being Injured in an Accident?

by Tate Law Offices, P.C.Damages

US money

If you’ve been involved in an accident that was caused by the negligence of another party, and if you’ve sustained injuries, you may be considering filing a personal injury lawsuit for damages. However, before filing, you probably have questions regarding how much money you can recover, as well as what factors play a role in your potential compensation amount. The following provides a list of the situational elements that will affect your recovery amount:

The Cost of Your Medical Bills

One of the first details that a court will look at when making a decision about your recovery amount is the cost of your medical bills. If the defendant is held liable for your injuries, then you will typically be able to recover the full cost of these medical bills, and even future costs.

Any Lost Wages

If your injury has prevented you from missing work, or if you have been temporarily or totally disabled due to the injury and are not able to return to work, then you will receive benefits for this, too. These damages are detailed as lost-wage benefits, and, like medical expenses, may be paid for future lost wages as well.

Property Damage

In addition to being compensated for the cost of your injuries and time missed from work, any property damage will also be compensated. In most personal injury cases, property damage benefits are only relevant in the case of a car accident where the car was affected.

The Severity of Your Injuries

Damages paid for medical bills, property damage, and lost wages are known as economic damages. However, depending upon the severity of your injuries, you may also receive non-economic damages. Non-economic damages are collateral damages that are a result of the accident affecting a victim’s quality of life such as lost enjoyment of life, pain, and suffering. If you are young, this damage amount may be higher, as you will be subjected to more years of pain, anguish, and suffering. Usually, noneconomic damages are only paid if your injuries cause permanent impairment, disability, disfigurement, or scarring.

Your Portion of Fault

In Texas, the state has what is known as a comparative fault law in written law when it comes to damage recovery. Under comparative fault law, you can only file a claim for damages if you are 50 percent or more at fault for the accident. Even if you are only 10 percent at fault though, your portion of damages will be reduced by your percentage of fault. In other words, if you were entitled a $300,000 benefit award for economic and noneconomic damages, but were found to be 15 percent at fault for the accident, then your benefit award would be reduced by $45,000 (15 percent of $300,000).

Your Choice of Attorney

Finally, one of the most pressing factors that can affect your amount of compensation is the car accident attorney you choose. If you decide to pursue a civil suit without an attorney, you may risk recovering fewer benefits than you’re entitled to. An attorney that understands personal injury law can help you to build a winning case, and recover your full damages amount. Contact Tate Law Offices today by calling 888-565-7068 for a free case review and better understand your entitlements under the law.