Accidentes de tráficoSuffering injuries in a rear-end accident uproots your life in ways you never imagined.
From figuring out how to pay medical bills to whether you’ll ever return to work, you may wonder how much your case is worth.
A settlement calculator may provide a general value for your case, but it fails to consider your case’s specific facts.
Contact a personal injury attorney for a case review to find out how much your rear-end-collision lawsuit may be worth.
How Much Is My Texas Rear-End-Collision Lawsuit Worth?
Various factors affect the value of rear-end settlement cases. Most attorneys don’t provide average values when asked how much to expect from a car accident.
Each case presents its own unique set of facts, and it’s these factors that determine the potential value of your lawsuit.
Availability of Car Insurance
Texas law requires drivers to obtain liability insurance to pay to repair or replace the other driver’s car or other damaged property and pays medical expenses of injured victims in an accident.
The minimum liability coverage for all drivers must amount to at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage.
If the other driver is uninsured, it can greatly impact the value of your case.
If this is the case, it’s important to talk to an attorney about other options you may have to recover compensation.
Gravedad de las lesiones
Increased severity in injuries usually results in a greater value for a case. For example, suppose you were rear ended and suffered back pain.
In that case, your case value may be considerably less than a person suffering from brain injuries, spinal cord injuries, and internal organ damage.
But it would likely be worth more than a case involving only bumps and bruises.
Out-of-Pocket Expenses
Your out-of-pocket expenses make up your potential economic damages award. Examples of financial losses include the following:
- Gastos médicos,
- Salarios perdidos,
- Loss of future income, and
- Daños materiales.
Recovering out-of-pocket expenses requires tangible proof, including detailed records and receipts.
Liability
Your attorney must successfully establish the at-fault party’s negligence to recover compensation for your injuries.
A failure to adequately prove liability may make it difficult to obtain the maximum compensatory award you seek.
Establishing liability becomes more complex if your accident involves multiple parties.
For example, multiple parties may become involved in the lawsuit if you were rear-ended by a company vehicle or rear-ended by a semi-truck.
Negligencia comparativa
Texas uses the comparative negligence rule to deal with cases where parties share fault for an accident.
Under this standard, a court assigns a percentage of fault to each party once the court determines liability.
If the plaintiff shared some fault for the accident, it could reduce their total damages award.
For example, if a court finds someone 20% at fault for their accident, the court reduces their maximum compensatory award by that 20%, and they receive 80% of their damages.
How Long Does a Rear-End-Collision Settlement Take?
How long it takes to receive compensation in rear-end-collision injury settlements varies from case to case. Various factors may impact the resolution of your case, including:
- The severity of your injuries. If it takes a considerable period of time to reach maximum medical improvement, this may impact your settlement. Maximum medical improvement is when no further recovery or improvement from an injury is expected even with further medical attention.
- Circumstances of the crash. If the collision involved multiple parties, it takes time to negotiate with all parties for a favorable settlement on your behalf. All involved parties may argue against their liability by pinning fault on other involved parties.
When a favorable settlement cannot be reached, your case heads to trial.
Preparing for trial, interviewing witnesses, retaining expert witnesses, and gathering evidence of your injuries takes substantial time.
As your attorney prepares for trial, settlement negotiations may continue, and having an attorney on your side is invaluable.
Contacte con nosotros
Since 1962, the attorneys at Zimmerman Law Firm, P.C., have been fighting for the rights of those in Central Texas.
With over 85 years of combined legal experience dealing with insurance companies and defense lawyers, we provide the highest caliber legal representation to clients when they need it most.
We have successfully represented thousands of injured victims in Texas.
Contact our office today to receive a free case evaluation and find out how we can help you!
Michael Zimmerman
Michael nació en Houston, Texas. Estudió en las universidades de Baylor y Texas State, donde se licenció en Ciencias en 1987. Se especializó en Biología y en Química. Terminó su educación legal en Texas Southern University en 1990, obteniendo un Doctorado en Derecho de la Escuela de Derecho Thurgood Marshall. Fue admitido en el Colegio de Abogados del Estado de Texas en 1990.
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