Determining the monetary value of a personal injury claim is a nuanced process influenced by Texas law and the specifics of each case. At DeSimone Law Office, we guide our clients through this intricate process with precision and care, and attention to detail.
Jury Verdicts as a Guide: Traffic accident cases are tried every day in courts in Harris County, Texas as well as all the other counties in Texas. The verdicts on these cases are published for everyone to see. A review of these verdicts will show the amounts juries in various counties will award under various fact situations for car accidents. The jury verdicts published will detail out how the accident happened, the injuries of the complaining party, the amounts of medical expenses and lost wages the injured party incurred, and what the jury awarded on the case for the injured party’s medical expenses, lost wages, and monies for pain and suffering. We analyze these verdicts, considering awarded amounts for medical costs, lost wages, and pain and suffering.
Accurate Assessment Post-Treatment: A precise valuation can only be conducted after the conclusion of your medical treatment. Only then can we account for all medical records, bills, and verified lost wages, as per Texas Civil Practice and Remedies Code Section 41.
Factoring Future Impacts: Texas law allows for the recovery of future medical expenses and lost earnings as projected by medical experts and economic analysts, ensuring that long-term effects are considered in your claim.
The Whole Picture: A comprehensive evaluation also includes the review of accident-related evidence, impact on daily life, and any permanent disabilities, in line with Texas’s approach to non-economic damages.
Comparative Negligence in Texas: Understanding Texas’s modified comparative negligence rule is vital. Under Texas Civil Practice and Remedies Code § 33.001, if you’re found to be 51% or more responsible for the accident, you cannot recover damages. If you’re less than 51% at fault, your compensation is reduced by your percentage of fault.
Calculating Damages: Damages in Texas are classified into economic, non-economic, and sometimes punitive damages (Texas Civil Practice and Remedies Code § 41.003). Punitive damages are rare and apply only if the defendant’s actions were grossly negligent or willful.
Specialized Knowledge: We apply our specialized knowledge of Texas personal injury law, including the impact of statutes such as the Texas Insurance Code, which governs how insurance companies handle claims, to every case valuation.
DeSimone Law Office stands ready to navigate these legal waters with you. We commit to a thorough and fair valuation of your claim, considering all legal avenues to secure the compensation you rightfully deserve.
If you’re facing the aftermath of a traffic accident, reach out to the DeSimone Law Office. We’ll ensure that your case is valued accurately, advocating for your full legal entitlements under Texas law.
