How Much Is My Car Accident Case Worth in Texas?

Severity of Your Injuries

The single biggest factor in determining your case value is how seriously you were hurt. Minor soft tissue injuries such as whiplash or bruising will generally result in smaller settlements. Severe injuries including broken bones, herniated discs, traumatic brain injuries, spinal cord damage, and injuries requiring surgery will significantly increase the value of your claim. Permanent disabilities or chronic pain conditions carry even greater value because they affect every aspect of your life going forward.

Medical Bills and Treatment

Your medical expenses form the foundation of your economic damages. This includes emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, medical equipment, and any future treatment you will need. Insurance companies look closely at the total cost of your medical care when evaluating your claim. That is why it is critical to follow your doctor's treatment plan and attend every appointment. Gaps in treatment give the insurance company ammunition to argue your injuries are not as serious as you claim.

Lost Wages and Earning Capacity

If your injuries kept you from working, you are entitled to recover those lost wages. This includes salary, hourly wages, bonuses, commissions, and any other income you missed out on during your recovery. In cases involving catastrophic injuries, you may also have a claim for diminished future earning capacity if your injuries prevent you from returning to your previous occupation or working at the same level.

Pain and Suffering

Texas law allows you to recover compensation for the physical pain, emotional distress, and mental anguish caused by your injuries. These non-economic damages are often the largest component of a personal injury settlement. Factors that increase pain and suffering awards include the duration of your recovery, the invasiveness of your medical treatment, the impact on your daily activities and relationships, and whether you suffer from anxiety, depression, or post-traumatic stress as a result of the accident.

Liability and Fault

Texas follows a modified comparative fault rule. If you are found to be 50 percent or less at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. If the other driver was clearly at fault, such as running a red light or driving while intoxicated, your case will be worth more because the liability picture is strong. Disputed liability cases tend to settle for less because there is uncertainty about the outcome at trial.