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As a leading personal injury law firm, one of the most common questions the Law Offices of Michael J. Gopin, PLLC receives is, “What is my case worth?” However, this is not a simple question to answer because every claim is different. Determining the exact amount of compensation for which you may be eligible can be difficult. An attorney can explain how to calculate personal injury damages and the factors that may affect the value of your claim.
When seeking compensation for personal injuries, it is crucial to understand the various components that can make up your claim. Each personal injury case is unique, and the compensation you may receive depends on numerous factors. The goal of personal injury compensation is to restore you to the position you were in before the injury occurred, as much as possible.
This is generally how personal injury compensation is calculated:
1. Add all of your damages together. This may include:
2. Subtract amounts that you have already received for the claim and any damages you were responsible for.
3. The difference between these two figures is roughly the amount of personal injury compensation you could receive.
Many factors can make your claim more or less valuable, including:
Generally, the more severe your injury is, the more valuable your claim will be. This is because you are more likely to incur more expensive medical expenses, more extensive pain and suffering, and more lost wages.
Lost wages include pay you lost if you were unable to work because of your injuries, including:
It’s essential to account for any potential career advancement opportunities you may have missed due to your injury. This can include promotions, raises, or new job opportunities that you were unable to pursue because of your medical condition.
Your compensation should include the costs you incurred for medical treatment related to your injuries. Medical expenses you may have incurred include:
Medical expenses can extend beyond immediate treatment. Long-term care, such as physical therapy, home modifications for disability access, and ongoing medical treatments, should also be factored into your compensation. An experienced attorney can help estimate these future costs. Additionally, the cost of any specialized medical equipment, such as wheelchairs or prosthetics, and necessary modifications to your home or vehicle should be considered in your claim.
Texas uses a modified comparative negligence system if you contributed to the accident. This means that as long as you were less than 50 percent at fault for the accident, you can still seek compensation for your injuries. However, your accident injury compensation is reduced by your degree of fault. For example, if you were hurt in an accident and suffered $100,000 in damages but were found 25 percent at fault, your damages would be reduced by $25,000. This system ensures that even if you share some responsibility for the incident, you are still entitled to recover a portion of your losses, though it will be proportionately adjusted to reflect your level of fault.
Other factors that can influence the value of your claim include the clarity of liability, the availability and reliability of evidence, and the skill of your legal representation. Insurance policies and limits can also play a significant role in determining the final settlement amount. An attorney’s negotiation skills and ability to present a compelling case can significantly affect the outcome of your claim.
By thoroughly understanding these factors and working closely with an experienced personal injury attorney, you can ensure that you are adequately compensated for your injuries and associated losses. It’s important to approach the claims process with comprehensive documentation and a clear understanding of your rights and entitlements.
The following steps are involved in your injury claim calculation:
If you would like a personalized estimate of your claim’s value, the Law Offices of Michael J. Gopin, PLLC can help. We have been in business since 1987. We can help you understand how Texas law applies to your case and the factors that can affect its value. Contact us today for a free case review.
Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...
We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333
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