Board Certified Houston Personal Injury Attorney explains how lawyers and insurance companies determine settlement value for injury and wrongful death cases in Texas

Our firm gets hundreds of questions from clients every month. Of all the questions we get, the most common question seems to be "What is my case worth?". How much will my settlement be?

The question makes sense and is a perfectly reasonable thing to ask. After all, if you are injured by someone's negligence, it may have a negative impact on your finances. If the injury is serious, the impact may be devastating.

For example, we represent a lot of people who get hurt and cannot work anymore as a result of their injuries. Or, they cannot go back to the same job making the same money.

In such cases, there is a devastating financial loss that must be accounted for an paid back, assuming the other party is truly responsible.

In Texas wrongful death cases, the death of a loved one may mean that in additional to the mental and emotional loss, the financial contributions of that person are lost forever. Again, this can be a devastating loss.

A good personal injury attorney will know how to properly evaluate all your losses, and to present that case to the insurance company. Or, if the case goes to trial, the attorney will know how to present the evidence to the jury.

What kind of losses and money does Texas law allow me to recover in a personal injury or wrongful death case?

Different cases may have different types of damages you can recover, but generally, in a Texas personal injury or wrongful death case, the plaintiff can recover:

1. Medical bills;

2. Medical bills that are reasonably necessary for future case;

3. Lost wages;

4. Lost future wages that will happen in "reasonable probability;"

5. Mental anguish;

6. Mental anguish that will happen in the future, in reasonable probability;

7. Physical pain and suffering;

8. Physical pain and suffering that will occur in the future, in reasonable probability;

9. Disfigurement;

10. Damages for future disfigurement;

11. Impairment;

12. Impairment in the future.

In some wrongful death cases in Texas, the family member may be able to recover "loss of inheritance."

So how do I figure out what my case is worth?

Any attorney who tells you at the beginning of your case what it is worth should not be trusted. It is simply not possible to determine the value of a case until most or all of the facts come in and the proper experts review the case.

However, an experienced personal injury attorney may be able to give you a general range for settlement value early on, or let you know what other similar cases are settling for.

To do so, an attorney will need to meet with you and figure out all the different aspects of your case, who is at fault, what the total damages are, and compare that information with other similar cases to come to a good, reasoned evaluation of your case.

One last thing to consider. You should NEVER listen to the insurance company, or the negligent party, when trying to determine the value of your case. They will always "low ball" you. It would be like allowing a used car salesman to set the price for a car you want to buy! Just not a smart idea at all.

About our law firm

Our Houston personal injury law firm is based in Houston, Texas. We handle personal injury and wrongful death cases across the State of Texas and beyond.