Key Factors That Influence Fort Worth Personal Injury Settlements

You may be eligible for compensation after you suffer an injury due to someone else’s negligence. However, the amount you receive depends on various factors that pertain to the unique circumstances of your case.

If you have questions after being injured by another party’s negligence, we encourage you to contact our Fort Worth personal injury attorneys. We have recovered millions in compensation for injured victims. Find out if you may have legal options. If we can move forward with your case, there are no upfront costs or fees. We only get paid if we win your case.

Call us today for a free consultation at (817) 920-9000.

How Does Texas Liability and Fault Laws Affect My Case?

Texas follows a modified comparative fault rule, meaning your settlement may be reduced if you share responsibility for the accident. You cannot recover damages if you are found to be more than 51 percent at fault.

Factors that could determine liability:

• Traffic laws or safety regulations violated
• Actions taken to prevent or mitigate the accident
• Eyewitness accounts
• Video surveillance
• Expert analysis of the accident scene

How Does the Texas Statute of Limitations Affect My Case?

Texas law generally allows two years from the date of injury to file a personal injury lawsuit. If victims miss this deadline, it could mean they cannot secure compensation.

In some cases, there are exceptions. The statutes of limitations change if a minor is involved in the case. Also, the statute of limitation could be impacted if a claim was filed against a medical malpractice or government entity.

It is highly recommended that you file a claim as soon as possible. If you wait to file a claim, the insurance company could argue that your injuries and damages are less severe. Also, over time, evidence from the incident scene could get erased and weaken your case.

The Severity and Nature of Your Injuries

The extent and type of injuries you sustain are critical in determining your settlement amount. If you have severe injuries, your compensation could be higher. Insurance companies and courts consider how your injuries impact your daily life, ability to work and overall quality of life.

These injuries may result in a higher settlement due to recovery time or continuous medical treatment.

• Permanent disabilities
• Significant disfigurement
• Long-term or chronic pain
• Traumatic brain injuries
• Spinal cord damage
• Multiple fractures
• Soft tissue injuries
• Psychological trauma
• Internal Injuries
• Burn Injuries
• Amputation of a limb

Medical Expenses and Ongoing Treatment Costs

Your current and future medical expenses significantly affect your settlement amount. Ensure your compensation covers all your medical expenses, including potential future costs related to your injury. Keep a thorough record of these types of medical bills.

• Emergency room visits
• Hospitalization costs
• Surgeries and procedures
• Medication expenses
• Physical therapy and rehabilitation
• Mental health counseling
• Medical equipment or assistive devices

Lost Wages and Diminished Earning Capacity

Your settlement amount could be affected if your injury causes you to miss work or impacts your ability to earn income in the future. Injuries like permanent disability or long-term injury could significantly impact your work life.

These types of documents could help your claim:

• Medical Records: Detailed medical records can show the severity of your injuries, treatment plans and any medical restrictions that prevent you from working.
• Employment Records: Documents from your employer could show work history, income statements and time missed from work due to injury.
• Pay Stubs and Tax Returns: These provide a clear picture of your earnings before and after the injury, helping to demonstrate any loss of income.
• Employer Verification: A letter from your employer confirming the dates you missed work and the impact of your injury on your job performance.
• Financial Records: Any financial records that show accident-related costs, such as medical bills and rehabilitation expenses.

Pain and Suffering

Pain and suffering are considered non-economic damages. They compensate for the intangible effects of an injury like physical pain, emotional distress or loss of enjoyment of life. Although it is challenging to quantify pain and suffering, it could impact settlement amount, especially in severe injury cases.  

These factors highlight how pain and suffering impact your claim:

• Impact on Daily Life: If your injury significantly disrupts your daily activities, hobbies and overall quality of life, it can increase the value of your pain and suffering claim.
• Duration of Recovery: Longer recovery times often result in higher compensation because they involve prolonged pain and suffering.
• Emotional and Psychological Effects: Injuries that cause emotional distress, anxiety, depression or post-traumatic stress disorder (PTSD) can also increase the value of your claim.
• Documentation: Keeping detailed records of your pain and suffering, such as a pain journal, medical records and testimonies from mental health professionals can help your claim.
• Multiplier Method: A common method used to calculate pain and suffering. The total economic damages (like medical bills and lost wages) are multiplied by a number typically between 1.5 and 5, depending on the severity of the injury.
• Per Diem Method: Another method is the per diem approach, which assigns a daily rate to your pain and suffering and multiplies it by the number of days you have been affected.

Property Damages

In accidents involving damage to your vehicle or other personal property, repair or replacement costs factor into your settlement. Keep track of detailed estimates and receipts for all property damage related to the incident. This will ensure that your compensation amount adequately covers your damages.

Need Legal Help After a Personal Injury? Call Our Trusted Law Firm Today

Understanding these key factors that influence personal injury settlements in Fort Worth empowers you to make informed decisions throughout the legal process.

If you have been involved in a personal injury incident, call Anderson, Cummings & Drawhorn to protect your rights. We can guide you through the legal process and assist you in seeking compensation with no upfront costs or fees. We only get paid if you do.

Schedule a free consultation today. (817) 920-9000.