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If you have been injured in an accident in Cameron, TX or Navasota, TX, you may need to hire a personal injury lawyer. A lawyer can help you negotiate for a settlement with the liable party or help you file a personal injury lawsuit, so you can get the compensation you deserve for all your damages and injuries. 

In general, during your case consultation, a lawyer may be able to determine how likely your lawsuit is to win if your case goes to court. There are many factors that will help your lawyer judge how “winning” your lawsuit is, such as the severity of your injury and whether the liable parties responsible for your accident have previous negligence allegations. That said, no lawsuit is fully guaranteed to win: even lawsuits that have very strong evidence. It’s only through a deep understanding of the law and hard-earned experience that lawyers can consistently win personal injury cases like yours. While strong evidence is a key factor, it’s even more important that your lawyer be passionate about your case and willing to advocate for your best interests. 

Injury Severity

The severity of your injury is a major influence on how likely your lawsuit is to win if it goes to court. People who have severe injuries such as traumatic brain injury, loss of limb, and file a wrongful death suit after a loss of life most often receive larger settlements. Individuals who have experienced a temporary or permanent disability that prevents them from working are also likely to win a lawsuit. The severity of your injury is a major factor in your chances of winning because very severe injuries can change the course of your life and are typically obvious to an insurance company or to the court. Not only do severe injuries come with expensive medical bills, but severe injuries can reduce your quality of life and even change your life goals. If you have an injury that prevents you from working, getting an education, or starting a family, you will be more likely to win a lawsuit.

Strong Evidence

Strong evidence is another factor that can increase your chances of winning a personal injury lawsuit. When you have evidence that can draw a clear line between the date of an injury, the negligence of another person, and the ensuing damages you are experiencing, you are likely to win a lawsuit or out-of-court settlement negotiations. Strong evidence can include communication between you and the liable party about the accident, medical records, police reports, weather and road conditions, and witness testimony. Expert testimony can also present strong evidence, particularly forensic reports that reconstruct an accident to explain how an accident occurred. Testimony from medical professionals about the severity of your injury is also important. 

Why Do Insurance Companies Offer Low Settlements?

In general, insurance companies like to offer low settlements because the insurance company is expecting you to be ignorant about the extent of your damages. Many victims of personal injury accidents only seek compensation for bodily injury and property damage, but there are many other damages that can and should be factored into your settlement calculation.  Additionally, insurance companies count on victims being desperate for compensation. If a victim feels pressured to take any amount offered to pay off medical debt or compensate for lost wages, the insurance company will not have to pay the full value of the victim’s injuries and damages. Ultimately, the insurance company is motivated to pay you as little as possible.

Policy Limitations

On the other hand, sometimes insurance companies can only make low-ball settlement offers because of policy limitations. All insurance policies have certain caps, particularly if the insurance holder has only taken out basic policies for liability coverage. In this case, even if the insurance company wanted to, the settlement offer would be capped at the policy limit. An insurance company simply can’t offer money that isn’t there.

What Should Your Compensation Include?

The main portion of the compensation you will receive in your settlement will be economic damages. Your economic damages will include the cost of the treatments you received for your injuries, including medications, at-home help, and physical therapy.  Economic damages frequently include lost wages due to your inability to work and the loss of your future earning capacity, which can be measured by your annual salary and projected job growth you would have otherwise had in the future. Property damage is also included in economic damages, such as the cost of repairing your car or replacing your personal property.

What About Pain and Suffering?

Along with economic damages, non-economic damages are also calculated in Texas lawsuits. Pain and suffering in Texas can include mental anguish and emotional suffering from the physical injuries you experienced, and the overall trauma caused by the accident. You can also recover compensation if your damages include loss of consortium, loss of companionship, grief counseling, and more. Your pain and suffering damages typically increase when you have extreme pain because of serious injuries. When your injuries cause long-lasting pain, your physical suffering is prolonged, and you will be compensated for this additional pain. Even if you have a mild injury like whiplash, the cost of your physical pain will be added to your overall settlement amount. 

Does Your Likelihood of Winning Affect Your Personal Injury Lawsuit Settlement?

Some personal injury victims may be surprised to learn that the strength of their personal injury claim can have a huge impact on the overall settlement they can expect from the insurance company. If an insurance company thinks you are likely to win your case in court, they may raise the settlement offer during out-of-court negotiations.  This is because the insurance company still wants to avoid a court trial that will force the company to pay the total damages you are owed for your injuries. Furthermore, the insurance company may be willing to offer a larger settlement for a case that’s likely to win in court because a settlement will allow the victim to claim compensation more quickly and drop the lawsuit altogether. In either case, a strong case is the best way to get a high settlement offer.

Can a Lawyer in Cameron, TX or Navasota, TX Estimate Your Lawsuit Settlement?

Estimating the settlement for your lawsuit can be difficult. There are many factors in Texas that can affect how your settlement is calculated. To calculate pain and suffering, a Texas judge or jury may use the multiplier method to determine the right amount of compensation. It’s much easier to calculate economic damages since these damages can be assessed with real numbers, such as loss of salary, medical bills, and repair bills. If you need to file a personal injury lawsuit, one of the first questions you may have for your personal injury lawyer is about the likelihood of winning your case. Your lawyer can give you a good idea about how winnable your case is, and may even be able to estimate the compensation you can get as part of the settlement an insurance company or liable individual can offer you. Get in touch with Brian Gutierrez in Cameron, TX and Navasota, TX to learn more about what you can expect from your personal injury settlement. 

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“No words describe how amazing it is to work with Brian.” J.T.

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