If you suffer a personal injury, you deserve financial compensation. How much should you get? Find out in this post.
We’ll be straight with you: we can only give you an accurate figure when we know the exact circumstances of your case. And even after that, negotiations take place, so you can only know ballpark figures as the process plays out.
If you’re feeling ambitious and love numbers and figuring, visit this personal injury damages and compensation formula page at AllLaw.com. Remember, you only get a ballpark, not a precise figure.
However, we can talk about some of the factors that affect this number.
First, you should know the legal system applies a multiplier to determine the amount of pain your injuries caused. Generally, the more pain, the higher your final number.
Factors Your Attorney Uses to Determine Your Personal Injury Compensation
Here they are:
- Was your injury a “hard injury?” This could be a broken bone, joint injury, or nerve damage.
- Was your injury a “soft injury?” This could be a simple sprain, strain, or bruise.
- Did non-M.D.s treat you?
- Were much of your medical expenses for diagnosis rather than treatment?
- What medical treatment did you get from a medical doctor, clinic, or hospital?
- Medication you were prescribed to help treat your injury
- Length of your treatment period
- How long your recovery period will be
- Will your injury permanently affect you?
- How much physical and emotional distress does your injury cause?
- The extent to which the injury interrupts your daily life – going to school, work, or missing vacations and special events
After those factors get applied, the opposing party examines these factors to negotiate your final personal injury compensation:
- How much responsibility (if any) did you share with the opposing party for your injuries?
- Were you generally calm, organized, and accommodating during the process?
- Did you have witnesses who help bolster your case?
- How credible is the party you accuse of causing your personal injury?
The State of Texas Caps the Total Personal Injury Compensation You Can Get
Now, the caps are very complex, so it’s not possible to give you a detailed guide. But we can give you some basics here to help you understand:
- Medical malpractice: $750,000 total – $250,000 for non-economic damages and $500,000 in total liability for all involved defendant facilities (These numbers also were originally calculated in 1977 and now get adjusted upward for inflation, so they change yearly and are in excess of $1.5 million total now.)
- Cases against government entities: The government does a lot to protect itself in Texas. It limits each person to $250,000 in damages, and $500,000 for the entire occurrence. So if 3 people get hurt by a police officer, the max they can get is $166,666 each ($500,000 divided by 3). The number also adjusts for inlfation.
- Punitive damage limits: In some cases, the party causing an injury was grossly negligent. In this case, punitive damages may result, and they are meant to punish that party.
These are a little more complex. You can get 2 times your economic damages plus the amount equal to non-economic damages – which may not exceed $750,000 or $200,000, whichever is greater.
So, if you get awarded $1.5 million for economic loss and $3 million for non-economic loss, Texas law gives you $3 million (2 times $1.5 million) plus $750,000 (the maximum you can get for non-economic damages), for a total of $3.75 million.
There’s still a lot of debate as to what’s the right way to compensate personal injury victims.
But for now, this is how it works in Texas.
To get an accurate figure, talk with an experienced Dallas personal injury attorney.