After you have been crashed into, one of the best decisions you can make is to hire a good personal injury lawyer. He will ___ recover all money that you are allowed to receive under Texas law. Each case is different and there is no simple one size fits all calculator that can be used. The only way to know is to ask your attorney questions and let him evaluate your case. However these are the ways that car and truck wreck claims are evaluated by attorneys, insurance companies, and juries.
Factors That Go into the Truck Accident Settlement Calculator
This includes payment for your medical bills, although this is a complicated topic. He will also get you reimbursed for your lost wages and benefits and the loss of your wage earning capacity, another area that is not open and shut. The injury lawyer will also assess your pain and suffering, disfigurement, disability, impairment, and other damages.
– Cost of Medical Treatment – This number starts with your trip to the emergency room immediately after the accident. If you were taken by ambulance or airlifted, these costs are included. In addition, any diagnostic procedures, emergency medical treatment, hospital stay, surgeries, or care by specialists are considered part of your medical treatment expenses.
– Future Medical Expenses – Sometimes it is difficult to predict how much your medical expenses will be in the future. You may learn early on that you require medication, physical therapy, or that you will require additional surgeries down the road.
There’s also the potential for your injury to get worse instead of better. You could develop a secondary condition or injury that stems from the original one. The cost of any future medical treatment needs to be figured into the cost too. Your attorney will help you make an estimate based on your current situation and the potential for ongoing treatment.
– Loss of Income – All of the income you lost due to your truck accident injuries go into the truck accident settlement calculator. You and your attorney can determine the right amount based on your pay stubs. Determine your rate of pay and multiply it by the time you had to be away. This includes sick days or vacation days you took off to heal.
If you have serious injuries, you may not be able to return to work. You could also be ‘partially disabled’ and have to take a position that pays less. Any income that you won’t be able to earn in the future because of your injuries is considered as damages.
– Property Damage – When you look at a vehicle that’s been struck by an 18-wheeler, it isn’t hard to see the degree of damage they do. Property damage includes your vehicle and any property on you or in your vehicle that was damaged or lost. If the amount of damage to your car costs more to replace than to repair, it is considered ‘totaled.’ If you don’t know your vehicle’s value, check a guide like Kelley Blue Book to get an accurate figure.
–Pain and Suffering – Determining a fair value for the person’s pain and suffering is more challenging than other factors. Unlike the value of property damages, it is hard to decide on a number that is based on the individual traits of the person. People react differently to an accident and to the injuries they receive. Some manage their physical injuries and move forward without additional complications. Others may develop physical complications like infections that also require medical treatment.
There’s also the emotional impact an accident can cause. Some accident victims develop post-traumatic stress disorder (PTSD) and relive the accident. They may have difficulty driving or even riding in a vehicle with another driver.
Others may have depression because of their injuries. More serious injuries might prevent them from doing things they enjoyed before the accident. These experiences and others are part of the pain and suffering that your attorney will figure into the value of your case. Some attorneys use a formula that assigns your injury a number between 1.5 and 5, depending on the severity of your pain. This number is then multiplied times the sum of your economic damages.
The Extent of your Injuries:
The more serious your injuries, the more value is placed on your pain and suffering. You can imagine that a jury will allow for more money damages for a person who has suffered a broken leg than someone who has suffered a back strain.
However, it’s not always clear how serious some injuries really are; a concussion can sometimes go away very quickly and not cause much pain – or a concussion can be a Traumatic Brain Injury with symptoms such as dizziness, nausea, depression, blurred vision, and suicidal thoughts that never go away for the rest of the person’s life.
Also, injuries that are easy for a jury to understand and visualize usually allow for more pain and suffering. For example, a broken leg can be viewed on an X-Ray, whereas a concussion would not show up on any imaging at all, and is diagnosed based on a set of symptoms.
The Severity of the Injuries:
The more severe the cause of your injuries, the more physical pain and mental suffering a jury will likely allow for. Juries tend to assume that you cannot be too badly injured from a minor fender bender (despite a lot of medical evidence to the contrary).
Juries also assume that more serious accidents can cause more serious injuries, such as a roll over car crash or falling through a roof from 30 feet in the air. Evidence that shows the seriousness of the accident to a jury will greatly increase the value of the pain and suffering claim, such as photographs or video of the incident.
Personal Injury Calculators (2019)
The Amount of your Medical Bills:
Many online “pain and suffering calculators” oversimplify the calculation and simply say to multiply your medical bills times 3 and you have an amount to settle your case for.
This is simply false, and misleading. If you follow this method, you will either way overvalue your case, or you will be leaving money on the table when you settle.
Here’s why: I’ve seen many very serious injuries with little to no medical bills. If someone suffers a permanent traumatic brain injury In a car crash, their only medical bills would be for some diagnostic tests and follow up care with a neurologist – no surgery or inpatient care would be required, and their bills could be less than $10,000.
You should never settle a permanent traumatic brain injury for $30,000 if you don’t have to. The pain and suffering would be much higher. Similarly, some people go to the emergency room after an accident and get multiple CT scans and MRI’s only to confirm that they are uninjured. Their medical bills could be over $25,000 but not have any injury at all. The amount of your medical bills influences the value of your pain and suffering claim but is not the only factor.
The Behavior of the Defendant:
How egregious the Defendant’s behavior is influences the pain and suffering value of your case. Where a defendant is a sweet old man who crashed into your car and then apologized and offered to pay for all of your medical bills immediately does not enhance the value of your pain and suffering claim.
However, if the Defendant was a drunk driver who already had a suspended license for drinking and driving and fled the scene of the crash, your pain and suffering claim would be greatly enhanced. Juries are likely to hold Defendants more responsible when the Defendants’ actions are egregious.
Personal Injury Claims Calculator
People who have been injured in serious accidents will have many questions. These questions include “How much to ask for in a personal injury settlement?”, or “Is there an auto accident settlement formula?” or “What is a personal injury claims calculator?”. If you have been injured, you will obviously want to try and figure out what you possibly might be compensated. You might want to try and find a free personal injury settlement calculator or a personal injury compensation calculator.
The best thing to do is find a personal injury lawyer who is experienced and has good reviews from satisfied clients of past personal injury cases. A personal injury lawyer is a lawyer who provides legal services to those who have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.
The term “trial lawyers” is sometimes used to refer to personal injury lawyers, even though many other types of lawyers, including defense lawyers and criminal prosecutors, also appear in trials and even though most personal injury claims are settled without going to trial. Lakota R. Denton is an Asheville North Carolina Trial Personal Injury Lawyer.If you have a personal injury lawyer, insurance companies are likely to pay more on your case because they know your lawyer will file a lawsuit and go to court if necessary. Does your lawyer have a history of filing lawsuits and taking cases to trial? If so, insurance companies will take you more seriously and pay more for your claim to avoid a trial. Your North Carolina Personal Injury Lawyer:
Does your lawyer advertise heavily on TV and settle every case before ever filing a lawsuit? If so, insurance companies will know that your lawyer will force you to settle for less than they should, and will offer your case less money.
There is no single simple formula to calculate your pain and suffering in a personal injury case. However, the seriousness of your injuries, the severity of the accident, the amount of your medical bills and the behavior of the Defendant all play large roles.
Importantly, hiring a lawyer who will file a lawsuit and go to court if necessary will have a major impact on the value of your case.
Why You Need an Experienced Truck Accident Attorney
There’s no simple way to calculate your losses from a truck accident. It takes an experienced truck accident attorney who has gone through the same process many times before. Depending on his ability to prove the value of your case, the value could be six figures or higher. It depends on the total cost of your damages combined.
It doesn’t cost anything to talk with an attorney for an evaluation of your case. An initial consultation is your chance to learn more about the laws and your rights. Your attorney will help you understand the potential value of your case. He will also advise you on whether you have enough evidence to go forward.
If you decide to pursue your case, your attorney will begin to collect evidence. You never have to worry that your legal fees will only add to your financial problems. Your truck accident attorney won’t charge any fees unless you win. He will only pursue those cases that he feels he has a good chance of winning.
If you or a loved one has been injured in a truck accident in the Fort Worth area, contact Attorney Bill Berenson to schedule an evaluation. He has nearly forty years of experience helping injured victims and he only handles motor vehicle accident cases. He can explain to you the damages that will go into your truck accident settlement calculator and the possible value of your case. Let Berenson Injury Law help you get compensation for your truck accident injuries.
If you were in an auto accident in Dallas, you probably have a pile of medical bills, insurance to pay for and plenty of stress. A proper car accident settlement will reimburse you for all the money that you have paid out in medical bills, plus can pay your lost wages, the cost of fixing or replacing your car, and for the pain and suffering you have endured from your injuries.
In most accidents, your insurance policy or the other driver’s will compensate you for the resulting injuries and damages. If your policy has collision coverage and the crash was caused by you, your insurance company will pay a certain sum to repair your car. If the cost to fix it is more than what the car is worth, the insurance company may ‘total’ the car and give you a sum of money based upon its market value before the accident.
When the accident is due to the other driver’s negligence, his insurance company should compensate you for the aforementioned damages. The sum that you are offered initially could be lower than you want. It is an easy matter to get paid back for funds that you had to put out. Getting properly compensated for pain and suffering is another matter.
What Will My Car Accident Settlement Be?
One guideline to figure out what your average car accident settlement will be is to multiply your medical bills by three. That is just an average example, and your settlement amount could be very different. For example, if you had $10,000 of medical bills, in this scenario, your settlement might be $30,000.
But the judge or insurance company will consider the kind of injuries, your treatment plan, how long the therapy is, how much income you lost and how serious the wreck was. In most car accident cases, the settlement will only come when all of your medical treatments are finished. If you have permanent injuries, this will influence the compensation that you get.
The settlement amount is usually higher if you have a more severe or permanent injury. You also will get more compensation if the other driver was drunk. If you file a claim against the other driver’s insurance policy, you will be limited by whatever their policy maximum is.
For example, if you had $30,000 in damages but the limit on their policy is $20,000, that is all you can get from the policy. You might try to sue the driver personally for the additional $10,000.
To get a more accurate picture of what your car accident settlement could be, talk to us at Guajardo & Marks today.
What is the Average Car Accident Settlement in Texas?
After being injured in a car accident, you may be able to seek a car accident settlement that can help cover your medical expenses. Hundreds of thousands of people are injured in Texas car accidents each year—in 2014, that number hit nearly 238,000 total injuries. While many of these injuries were minor in nature, more than 17,000 of them (seven percent) were classified as serious injuries.
Serious injuries often lead to serious medical bills, but you may be able to make a Texas car accident settlement claim that can help with these expenses.
The average car accident settlement in Texas amounted to about $15,440 in 2013, according to the Rocky Mountain Insurance Information Association (RMIIA).
Car insurance rules vary by state. Texas is what’s known as a “fault” car insurance state, meaning that a person can file an insurance settlement claim or lawsuit against a driver at fault in an accident. After an accident, one essential thing is making sure you have taken photographic evidence of the situation and other evidence that will help back up your claim that you were not at fault in the incident. Eye witness statements, such as the statement of a fellow passenger, are also considered evidence.
There are a number of contributing factors to determine how much an average car accident settlement in Texas can be. For each claim, people bring different injuries, type of insurance coverage, disfiguration, culpability in the accident itself, lost wages, medical expenses, and evidence that can make their settlement amounts greater or lesser than somebody else’s. It’s important to consider these factors when determining about how much you might receive from an average car accident settlement in Texas.
Evaluating these factors can give you some sense of the kind of settlement claim you can make, but the best way to get an idea of how much you can receive in a settlement is by consulting a Texas car accident attorney.
The state of Texas requires that drivers carry at least these specific types of insurance at these minimum amounts:
- $30,000 per injured person
- $60,000 per accident (for injuries)
- $25,000 per accident (for property damage)
If you’ve been in a car accident in Texas, you should wait to have your car repairs done until after your claim has been processed, if possible. This is because your insurance company may need to inspect the damage or even require you to go to one of their approved repair places.
If you cannot come to a claim agreement with your insurance company, you may still be able to file a car accident lawsuit within two years from the date of the accident itself, over personal injury or property damage (or both). Once you’ve submitted your claim, your insurance company will respond within 15 days.
Working with a Texas car accident attorney can help make sure that your insurance company is treating the situation fairly and that you are getting the most out of your situation.
Someone else’s actions resulted in a car accident that left you injured. Along with hospital bills and vehicle repair costs, you may be entitled to compensation for the pain and suffering you’ve experienced as a result of the incident. However, the amount that can be recovered can vary greatly depending on the jurisdiction where your accident happened and the facts of the case. Read on to learn more about how car accident pain and suffering damages work.
Different Kinds of Damages
In many jurisdictions, the damages that arise from an injury suit are separated into two categories: special damages and general damages. Special damages are damages associated with specific economic harm, such as the loss of wages due to missed work, damage to your vehicle or other property, and medical expenses. General damages, on the other hand, cover “noneconomic damages” such as:
- Pain and suffering
- Physical disfigurement or impairment
- Potentially shortened lifespan
- Mental anguish
- Loss of reputation
- Loss of companionship
- Loss of enjoyment of life
- Emotional distress
Calculating Car Accident Pain and Suffering Damages
Property damage or hospital bills are often easy to evaluate, and can typically be proven by showing a quote from an auto repair shop or the receipts for medical treatment. Car accident pain and suffering, by comparison, offers very little external evidence that can allow someone to assess how much pain and suffering the victim experienced or what amount of money would appropriately compensate the victim for their pain.
Pain and suffering can also be highly subjective. Two people may describe or experience virtually identical injuries very differently. This makes the establishment of standards or guidelines for car accident pain and suffering damages difficult or impossible to produce.
In practice, there are a number of factors courts consider in determining the amount of damages to be paid for pain and suffering, including:
- Severity of the injury
- Location and nature of any scarring or disfigurement
- Recovery time needed
- Potential for ongoing consequences
- Amount claimed in special damages
- Socio-economic or political factors
- Personality and charisma of the injured party
- Personality and charisma of the attorney
- State damages caps
The ‘Multiplier’ Method
Some attorneys use the “multiplier method” to calculate pain and suffering damages. This method involves the application of a multiplier to the total special damages. The theory behind this calculation is that injuries that result in more calculable damages, such as hospital bills, are typically more serious than those that result in fewer calculable damages. While that may be true in most car accident cases, there are two major criticisms of this method.
- Arbitrary multipliers – Different attorneys use different multipliers in using this method. One attorney may double the special damages, while another attorney may quadruple them. Neither answer is necessarily wrong, but the wide variation between these calculations can lead to inconsistent results.
- Potentially misleading results – A model who is disfigured in a car accident, for example, may have lower hospital bills than a computer engineer who broke bones. Their disfigurement, however, might cause more emotional and psychological distress, since models largely rely on their physical appearance to earn a living.
Although the multiplier method is imperfect, it does provide a starting point in determining the amount of car accident pain and suffering damages to claim.
Questions About Car Accident Pain and Suffering Damages? Ask an Attorney
The lack of an objective standard for setting car accident pain and suffering damages means that qualified legal assistance can make a big difference in the amount of compensation you recover. If you were in a car accident, speak with an experienced car accident lawyer who will not only know the applicable laws but also have an insight into the attitudes of insurers and local juries, which will be invaluable information when making your cla
A car accident settlement may help compensate for medical treatment, lost wages, as well as pain and suffering. An experienced car accident lawyer can only help maximize that compensation. Contact the attorneys at McDonald Worley for a FREE case evaluation today.