If you’ve suffered a personal injury, you may be wondering what, if anything, you may be eligible for in compensation. In Houston, TX, compensation is based on a number of different factors depending on the situation, and amounts can vary. A consultation with one of Phipps Garza Law injury lawyers, can give you the answers you need to proceed, so don’t hesitate to contact us at 713-677-0423 or fill out this quick form for a Free case evaluation.
How Is Compensation Calculated for Personal Injuries in Houston, TX?
There is no officially binding formula used to calculate compensation for personal injuries in Houston, in the way that there is for things like determining child support. Compensation for personal injuries is calculated based on several factors that aim to address both the tangible and intangible losses suffered by the injured party. However, the compensation amount offered by an insurance adjuster is often arrived at via something called the “damages and compensation formula.”
The Damages and Compensation Formula
Compensation offers have to start from somewhere, and while some of your losses are easy to calculate, others are not. An insurance adjuster will often begin by adding up your total medical expenses resulting from the injury. This amount will then be used to calculate how much to compensate you for the other, less tangible losses you have suffered.
The insurer will multiply the initial amount by somewhere between one and a half and three times for more minor injuries, and as much as five times for more serious injuries. After this calculation, they will add on the amount of any income you have lost because of your injury, and the amount of damage caused to your property in the accident. This total can then be used as the starting point in any compensation negotiations.
Damage Caps
There is no legal cap on the amount of damages that can be recovered in a personal injury case, unless you are suing the government. In a claim against the state government of Texas or against a local government entity, the maximum amount that may be awarded is $2 million, unless the injury is caused by a state employee driving a state-owned vehicle.
However, in some cases your damages may be reduced. For example, if you are partially at fault for your injury, even up to 50% responsible, your award will be reduced by your degree of fault.
Why You Should Consult a Phipps Garza Injury Lawyer in Houston, TX
Insurance companies will not usually tell you how exactly they arrived at their initial offer of compensation, and anyway, it is only a starting point. The first offer from an insurance adjuster may seem low, but with one of our skilled Phipps Garza lawyers on your side you don’t need to worry. Though a formula may give an idea of how much a compensation claim should be, there are many ways in which an experienced attorney can negotiate it upwards.
To ensure you receive fair compensation, call Phipps Garza today at 713-677-0423 or fill out this quick form, we will fight to obtain a satisfactory outcome for your personal injury case in the courtroom and at the negotiating table. Get in touch with us at today get a Free case evaluation.