What is my personal injury case worth? The 3 things you need to know about a personal injury lawsuit in Texas
Many of our clients ask us what their personal injury lawsuit is worth. Personal injury lawsuits can be a result of many factors, including a driver's negligence in automobile accidents , a physician's negligence in a medical malpractice case, or a company's negligence in product liability claims . Every case is different, but our experience has shown us that there are three factors that can greatly affect a personal injury case:
(1) Liability
(2) Damages
(3) Collectability.
Liability
Liability means there is someone (defendant or defendants) who did something wrong under the law. A defective product is an example of product liability claims. This can mean that a manufacturer sold something that caused injury to a consumer. The defendant you intend to sue can make a big difference in your case. Suing the government, for example, can be more complex than suing a private company.
Damages
Damages are the results of the defendant's actions that caused damage, or injury, to you. Pain and suffering from recalled products are an example. Damages can be allowed for past damages and future damages. The kinds of damages for which you can be compensated are controlled by Texas law. Some factors that Texas law recognizes as personal injury damages can include:
- medical expenses
- lost wages from your job or loss of future earning capacity
- physical pain
- mental anguish
- physical impairment
- wrongful death damages
- punitive damages
- attorney's fees
- costs of court.
Collectibility
If you are successful in a personal injury claim, you will be given a judgment. This means that the defendant owes you money for the damages in your claim. Many times, the defendant cannot pay your damages, or does not have enough insurance coverage to cover them. Insurance coverage can usually make a difference in auto accidents or trucking accidents, and whether or not you have uninsured or underinsured motorist coverage, or Personal Injury Protection insurance coverage (PIP).
You should speak with your insurance agent about PIP coverage, since most of them do not include it in a basic policy. Read our blog post on PIP coverage to find out: Why full coverage does not mean you are protected.
When you have been injured because of an auto accident , trucking accident , medical malpractice , or because of defective products , it is best to see a personal injury lawyer immediately so that evidence can be gathered in your particular case. Make sure you contact experienced attorneys who are board certified in personal injury.
Our experienced board certified personal injury attorneys can give you a free online evaluation of your potential claim. Our firm is located in Houston, Texas, but we maintain a national practice.
Our firm has represented employees in cities across Texas, including Houston, Dallas, San Antonio, Galveston, Austin, El Paso, Fort Worth, Arlington, Corpus Christi, Plano, Lubbock, Laredo, Amarillo, Pasadena, Brownsville, Grand Prairie, Mesquite, Abilene, Beaumont, Waco, Carrollton, McAllen, Midland, Richardson, Odessa, San Angelo, Killeen, Tyler, Denton, Longview, College Station, Baytown, Bryan, Sugar Land, Round Rock, Victoria, Port Arthur, Harlingen, and Galveston.