How much you will be able to recover for your personal injury claim is dependent on many factors. In general, necessary medical expenses, a percentage of your lost wages, and property damage will be recoverable. Additionally you may recover for pain and suffering, mental anguish, disfigurement, and your spouse may be entitled to loss of consortium and/or loss of services as well. Impairment, which is defined as loss of enjoyment of life (such as confinement to a wheelchair), may be recoverable as well.
Each case will be different, and an attorney will have to evaluate your particular situation to give you an accurate estimation. The following are examples of factors that will contribute to your particular recovery:
- The extent of your injuries: Obviously the more serious your injuries, the more will be required to compensate you. It is imperative that you keep all medical records of what treatments you have received since your accident in order to help your attorney recover what you deserve. Whether or not you had pre-existing conditions will also be a consideration. If the injury you have suffered requires extended care, the party at fault will be responsible for this as well.
- The proportion of blame the parties share: In some cases, one party is clearly and fully at fault. In other cases, the fault might be shared and the proportion will have to be determined by the evidence. In Texas, if the injured party was over 50% responsible for the injuries sustained, recovery will be barred.
- Your particular situation: Even the same injuries affect different people in different ways. Your age and general health will affect how long it takes for you to recover, which in turn will affect how long you will be unable to work. These factors will affect how much you will receive in lost wages and medical expenses.
The defendant’s insurance coverage: If the amount you are attempting to recover exceeds the defendant’s insurance policy limits, you will have to recover it from the responsible party personally. The skill and experience of your attorney will obviously affect this amount as well.