When a person has suffered the loss of a limb, they will want to know that their many losses are covered by a settlement. However, determining a good settlement in a lost limb case can be challenging.
There is no one way to calculate a fair settlement after losing a limb, as negotiations will depend on the particular facts of your case. However, our team has years of experience getting great settlements for our clients. A good settlement will cover your current losses but also account for future losses and complications you might suffer. The key to a good settlement is having the right evidence that clearly demonstrates liability.
For a free review of your case with our Dallas personal injury attorneys, call The Queenan Law Firm, P.C. today at (817) 476-1797.
What is Considered a Good Settlement After Losing a Limb in Texas?
Unfortunately, no concrete formula exists for determining what a good settlement is after losing a limb in Texas. What is considered a good settlement in one case might not be a sufficient one in another. This is because the amount of a settlement depends on numerous factors that will be different from case to case. However, losing a limb is a serious and often life-altering injury, so it stands to reason that a settlement should be high. Our Houston personal injury attorneys have the experience to evaluate your case accurately to ensure you recover the compensation you are entitled to.
No matter the limb that was lost, a victim will likely need extensive medical treatment which could last for the rest of their life. Victims will also usually need to be compensated for lost income, as their injuries will prevent them from returning to work. Amputation victims might not be able to work in the same capacity or field ever again. Thus, a good settlement is one that covers your financial damages. However, victims will typically face future medical issues stemming from the loss of a limb, including infections, edemas, and physical pain. A good settlement will also account for future medical costs and procedures that might be necessary.
The best settlement will be one that compensates you for the pain and emotional damages you will likely suffer as a result of losing a limb. These are more subjective damages but result in no less of a loss. While pain and suffering damages are not always included in a settlement, they are more common for extreme injuries like the loss of a limb and can be recovered in a lawsuit if not offered during settlement negotiations.
What Should I Do After Losing a Limb in Texas?
How much you can recover in a settlement will depend on a number of factors, but some of them are in your power to influence. Considering the severity of the injuries involved, the first thing you will usually attend to is getting medical care. That will be the first step in gathering evidence in your case. The strength of your case will usually come down to how much evidence is provided to support your claims. Another critical step to take is getting assistance from our team to ensure that your damages are accurately calculated, and your rights are protected.
Obtain Evidence
The best way to get the best settlement for your injuries is to provide as much relevant evidence as possible. Evidence can come in many forms and from a variety of sources. While our office will conduct its own investigation to recover useful evidence, there are some steps you can take immediately after your accident if your injuries permit. If possible, take photographs of the scene and get information from any witnesses that stopped. You can also ask emergency medical personnel for help if your injuries prevent you from doing this.
Our team will also gather evidence on your behalf, like your medical records. We will also investigate the scene to determine if more evidence can be turned up. For instance, if your injury occurred in a public place or at work, security cameras could have captured surveillance footage of the incident. The more convincing your evidence is, the more likely you are to receive a settlement that reflects your injuries.
Speak to Our Attorneys
Critical to getting the settlement you deserve is getting legal counsel to help you navigate settlement negotiations. You will want to file a lawsuit as soon as possible. This is the best way to get you compensation quickly and recover evidence while it is still fresh. For the loss of a limb, you will likely need an expert to testify regarding your injuries and the prognosis for your recovery. We can help arrange for an expert to testify in your case. We can also negotiate on your behalf with the insurance company, even after your lawsuit is filed. Filing a lawsuit shows that you are serious, and most insurance companies would rather settle the case than go to court. However, our team is prepared to take your case to trial if a satisfactory settlement cannot be reached.
What Factors Can Impact the Settlement Amount I Receive After Losing a Limb in Texas?
The best way to determine a good settlement amount is to review the details of your case to see what factors will play an important role. The insurance company or court will also be considering these same factors when determining the value of your injuries. One of the biggest factors will be the costs of your medical care and what ongoing care is projected to cost you. Of course, the limb that was lost will also be a big consideration, and whether it has impacted your ability to work. Your future earning ability will also need to be factored into your final settlement offer.
Another important factor is whether you contributed to your accident. If there is evidence that you are partially to blame for your lost limb, that could be used to reduce your settlement. However, this will usually not bar you from recovering fair compensation. Also, the nature of how the accident occurred will be taken into account. If your injuries were caused by reckless or egregious conduct, your settlement should include additional compensation since punitive damages could be awarded in a lawsuit.
The impact your injuries have had on your life will also be considered. For instance, victims who have lost a limb will likely be able to engage in many activities that they did before their accident, which can cause depression, mental anguish, and humiliation. Further, married victims might suffer a loss of intimacy with their partner because of their injuries, which should be accounted for.
Our Texas Personal Injury Attorneys Can Help
Contact The Queenan Law Firm, P.C. at (817) 476-1797 for a free case evaluation with our Arlington personal injury attorneys.