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Factors That Determine Settlement Amounts for a Car Accident

The Fostel Law Firm Oct. 31, 2023

As a personal injury attorney at The Fostel Law Firm, I've gained extensive experience and knowledge regarding the critical role that various factors play in determining settlement amounts. These factors include but are not limited to the severity of injuries sustained, the extent of property damage, the degree of negligence involved, the impact on the victim's quality of life, and the long-term consequences of the accident. 

During negotiations with insurance companies, it is crucial to effectively communicate and emphasize these elements to ensure that my clients receive the fair compensation they rightfully deserve. By providing comprehensive evidence, such as medical records, accident reports, witness testimonies, and expert opinions, I strive to build a strong case that highlights the impact of the accident on my clients' physical, emotional, and financial well-being. 

Understanding the intricate details of each case allows me to navigate the legal complexities and advocate for my clients' best interests. By delving into the key factors that influence settlement amounts, I can pursue the maximum compensation possible and help my clients on their journey towards recovery and justice. 

The Role of Injury Severity in Settlement Amounts 

One of the primary determinants of a settlement amount is the severity of injuries sustained in the car accident. It's only logical—the more severe the injuries, the higher the settlement amounts tend to be. This is to cover medical expenses, rehabilitation costs, and compensation for pain and suffering.

In addition, the total medical expenses incurred as a result of the car accident significantly influence the settlement amount. This includes everything from hospital bills, surgeries, medications, therapy, and any future medical treatments that may be required. 

Property Damage and Lost Wages 

The extent of property damage caused by the car accident is another factor that affects the settlement amount. This includes the repair or replacement costs of the vehicles involved, as well as any damage to personal belongings inside the vehicles. 

Moreover, if the car accident resulted in the victim being unable to work or earning a reduced income, the settlement amount may include compensation for lost wages and future earning capacity. This is especially important for individuals who rely on their income to support themselves and their families. 

Negligence and Insurance Coverage 

Texas follows a “modified” comparative negligence standard, meaning you can sue for damages even if you were partially at fault for the accident. If you are more than 50% at fault for the accident, however, you cannot recover any damages.  

The insurance coverage of the at-fault party also plays a role in determining the settlement amount. If the at-fault party has sufficient insurance coverage, it may be easier to negotiate a higher settlement amount. However, if the at-fault party is uninsured or underinsured, it can complicate the settlement process. 

The Impact of Legal Representation 

Having an experienced car accident attorney on your side can significantly impact the settlement amount. As a personal injury attorney, I can level the playing field when negotiating with insurance companies. A skilled attorney can advocate for your rights and ensure that you receive fair compensation for your injuries and damages. 

Every car accident case is unique, and the settlement amount will depend on the specific circumstances of the case. That's why consulting with a car accident attorney is crucial. It helps you understand the potential settlement amount and navigate the legal process effectively. 

At The Fostel Law Firm, we're here to help you through this challenging time. With our experience and dedication, we'll work tirelessly to make sure you get the settlement you deserve. Contact us if you’re located in or around Houston, anywhere throughout Texas, or the Southeast New Mexico area.