Accidents can cause far more harm than just physical injuries, and the law acknowledges this. When an accident disrupts your life, changing the way you can work, enjoy hobbies, or interact with loved ones, the impact goes beyond the immediately visible. It’s your quality of life that suffers, and working with a Bryan, TX personal injury lawyer who has experience helping individuals whose lives have been profoundly altered by the negligence of others is key to getting the compensation you deserve for all your losses.
Understanding Loss of Quality of Life
Damages for “loss of quality of life” are a type of non-economic compensation. While they might seem less concrete than medical bills or lost income, Texas law recognizes that accidents can inflict deep-seated harm affecting your overall well-being. When injuries reduce mobility, cause chronic pain, or result in permanent disfigurement, they impact your ability to enjoy activities and engage in life as you once did.
Accidents can also lead to anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional difficulties, and these are very real consequences requiring recognition. Your injuries might also prevent you from enjoying the hobbies, sports, social activities, or other pursuits that brought you enjoyment before the accident.
Even worse: changes to a person’s physical or emotional state after an accident can even impact their relationships with spouses, children, and loved ones. A Bryan, TX personal injury lawyer can help you recover compensation for these losses, which can be difficult at times to prove.
Factors Affecting Your Claim
Proving loss of quality of life damages can be more difficult than it seems it should be. There is no fixed formula for calculating them, so factors such as the severity of your injuries and how they’ve transformed your daily life will all need to be proved and argued for. Testimony from you and your loved ones can detail how the accident has impacted your hobbies, travel, intimate relationships, and activities of everyday living. Detailed records like personal journals or previous social media posts can support these claims, as well.
Loss of quality of life assessments often consider both the severity of the injury alongside your age and health at the time of the accident. A severe injury in a young and otherwise healthy individual can be particularly impactful. Some injuries, such as paralysis, burns, amputations, or traumatic brain injuries, are more likely to profoundly alter a person’s life trajectory than less severe injuries, and these can be easier to prove.
Doctors, mental health professionals, and occupational therapists can all offer expert opinions on how your injuries have affected your physical functioning, emotional state, and overall well-being.
Legal Considerations in Pursuing Your Claim
You Must Act Within the Statute of Limitations
When it comes to filing a lawsuit for loss of quality of life damages, procrastination is not your friend. You have a window of opportunity that typically lasts two years from the accident’s date. Let this window close, and your chance to claim what you deserve might just vanish. It’s a race against time, and it’s important to contact a lawyer as soon as you are able.
Working Within Comparative Fault Rules
Texas has a modified comparative fault rule. In this balancing act, if you’re found to share some responsibility for the accident, your potential compensation will be proportionally reduced according to your share of the blame. Understanding the rhythm of this rule becomes key to knowing how much compensation you can ask for and expect to receive. You can also expect the other side’s legal team to do everything in their power to maximize your amount of responsibility to minimize their own payouts. You’ll really want a skilled and experienced lawyer on your side to protect you.
What’s My Claim Worth?
It’s natural to ask how loss of quality of life damages translate into monetary amounts, but, there are no easy answers. The courts all acknowledge that no amount of money can actually compensate a person for something as life-altering as, say, the loss of a loved one’s companionship or permanent paralysis. However, money is important to helping the injured person get started on a new life, with the best shot at success, in whatever condition the accident has left them in.
Texas courts typically consider several methods of calculation, including:
The Multiplier Method
Here, a “multiplier” is used based on the severity of your injuries and their impact on your life. This numbered is multiplied by your economic damages (medical costs and lost wages) as a way of quantifying the non-economic losses. The worse your injuries are, the higher the number your economic damages will be multiplied against; usually from 1 to 5.
The Per Diem Method
This approach assigns a dollar amount per day or week that you suffer because of your injuries. This figure is then multiplied over the expected time frame you will deal with the consequences of the accident.
Settlements Versus Trial
Settling a claim outside of court can be less time-consuming and stressful, and this is how most personal injury claims are concluded. Settlement negotiations offer flexibility in reaching a mutually agreeable compensation amount without the uncertainty of a trial verdict. However, it’s important that the settlement adequately compensate for your loss of quality of life, and it’s never wise to go up against powerful insurance companies on your own.
If a settlement is not forthcoming or does not adequately cover your losses, proceeding to trial may be necessary. A trial offers the opportunity to present your case in detail to a judge or jury. However, trials can be lengthy, costly, and their outcomes are uncertain. Make sure the lawyer you work with has experience in both settlements and trials and is willing to do whatever it takes. Often, insurance companies who won’t play ball in negotiations come back to the table in better faith when they see you are at least considering a lawsuit and have a lawyer with the skill, experience, and willingness to take things to court.
The Importance of Your Bryan, TX Personal Injury Lawyer
Build a Strong Case
You must be able to effectively communicate the accident’s impact on your daily life. An attorney can guide you in documenting how your injuries have impacted your hobbies, work, relationships, and overall well-being and will be able to use the evidence persuasively in negotiations or in court.
Making the Right Calculations
Texas law doesn’t offer a fixed formula for calculating these damages, but experienced lawyers understand the laws and how to properly calculate a number that will get you the compensation you need while remaining acceptable to the courts.
Negotiating with Insurance Companies
Insurance companies are notorious for undervaluing claims, especially for non-economic losses like loss of quality of life. A skilled attorney has the experience and tenacity to negotiate on your behalf for a fair settlement.
Trial Experience
If negotiations fail, a skilled lawyer can represent you forcefully in court, presenting a compelling case to the jury that uses the evidence and expert testimony to illustrate the severity of your losses and how your life has been diminished.
If you have suffered a decrease in your quality of life due to an accident, contact Brian Gutierrez, Personal Injury Trial Lawyer right away for a free consultation.
