Calculating the “average” personal injury settlement is difficult. Every injury case relies on the specifics of that case: what injuries were sustained, how the injuries occurred, who the victims are, and who the defendants are. However, there are some general trends and specific examples of recovery we can use to explain the outcomes of various personal injury cases. If you or a loved one was injured in Texas, consider taking your case to the Dallas personal injury lawyers at The Queenan Law Firm, P.C.
Calculating Personal Injury Awards in Texas
To understand how much you may be entitled to in a Texas personal injury lawsuit, it is important to understand what elements go into the damage calculations. There are multiple types of damages, some of which overlap. First, “compensatory” damages typically compensate you for some direct harm, such as reimbursing you for medical expenses. Some damages are “economic” in that they deal with money. This could also include paying you back for medical expenses, as well as paying lost wages. Other damages are “noneconomic,” because they compensate you for issues that you cannot put a price tag on, such as your pain and suffering or the loss of a loved one.
There are many specific damages in a personal injury case. The most common are damages for medical expenses, lost wages, and pain and suffering. Any medical expenses caused by the injury or accident can be reimbursed. If you missed work because of your injury, any of those lost wages in the past or going forward can be reimbursed. Lastly, you may be entitled to direct payments for your pain and discomfort. There are also other damages, such as damages for:
- Emotional suffering;
- “Loss of consortium” if your spouse is injured;
- Loss of counsel, companionship, or other damages if a loved one dies;
- Grief counseling; and
- Any other harms directly tied to the injury.
In general, we can calculate many economic damages by looking at financial records. Receipts and bills for medical procedures, hospital stays, and medical transportation all determine these damages. Your typical paychecks, plus any projected growth in earnings, help calculate damages for lost wages.
Noneconomic damages are harder to calculate, especially pain and suffering damages. Because Texas has no caps or limits on pain and suffering, these damages can often be the biggest part of a personal injury lawsuit. Everyone experiences pain and suffering differently, but more serious injuries commonly win higher pain and suffering damages. However, less severe injuries like whiplash can still lead to high pain and suffering damages if pain and discomfort are ongoing or permanent.
Lastly, you may be entitled to additional damages to punish the bad actor. If their actions were especially negligent, dangerous, or repeated, courts may award you “punitive” or “exemplary” damages on top of your other compensation.
Average Personal Injury Damages
Our attorneys will never make any guarantees that you will win particular damages. These kinds of promises are unethical and unprofessional. However, we can explain some of our actual results we have achieved for other clients. Some of the following are personal injury case results of our actual cases. Under Texas law, attorneys must disclose what portions of these fees went toward attorney’s fees and expenses, so those will be noted in parentheses next to the total damages listed below:
- One of our defective product injury clients settled for $953,195 ($381,278 in fees and $359,385 in expenses).
- One of our truck accident injury cases settled for $6.9 million ($2.76 million in fees and $237,000 in insurance coverage).
- One of our construction worker injury clients recovered $640,000 ($256,000 in fees and $60,760 in expenses).
- One of our car accident injury victims recovered $295,000 against a truck driver ($118,000 in fees and $15,430 in expenses).
These cases are not necessarily the typical, average case, but they do give an idea of what is possible.
Each case is unique, and could be worth drastically different amounts. The specific injuries you face are often one of the biggest defining factors. For example, life-changing injuries like traumatic brain injury and spinal cord injuries generally yield higher damages. Sometimes, damages also depend on who you are and who the responsible party is. For example, juries may prefer to see an injured parent with children recover high compensation, and may wish to see a large company pay for damages. However, damages may be lower if the victim is already wealthy or the defendant is a private individual who made a small mistake.
Talk to an attorney to understand the specifics of your case, and what you might be entitled to.
Dallas Personal Injury Attorneys
If you or a loved one was injured in an accident in Texas, consider taking your case to the Texas plaintiff’s injury attorneys at The Queenan Law Firm. Our attorneys have decades of experience handling various types of personal injury lawsuits. No matter what types of injuries you received, contact our law offices today at (817) 476-1797 for a free consultation on your case.