The average personal injury settlement in Arlington, Texas, varies based on determinations of fault, the extent of injuries, and the circumstances surrounding the incident. Factors such as medical expenses, lost wages, and pain and suffering often influence settlement amounts.
Significant injuries or long-term effects can lead to larger personal injury claim payouts. An Arlington personal injury lawyer evaluates each case individually, considering liability, evidence, and damages to estimate a fair settlement.
No two cases are the same, and settlement amounts depend on the unique details of each situation. Seeking professional guidance can help you better understand your options and potential outcomes.
How Texas’s Negligence Laws Affect Personal Injury Case Settlement Amounts
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001 to assess fault and calculate the final settlement.
This rule directly affects settlement amounts in personal injury cases by determining whether a victim can recover damages and how much they may receive based on their share of fault.
A personal injury lawyer in Arlington can counter an insurer’s determination of fault if it attempts to shift more blame onto you.
How the Modified Comparative Fault Rule Works
Under Texas’s modified comparative fault rule, an injured person can recover damages if they are 50% or less at fault. The recovery is reduced in proportion to their share of responsibility.
For example:
- For example, if damages total $100,000 and the injured person is found 30% at fault, they would recover $70,000.
- If they are 51% or more at fault, they cannot recover compensation under this rule.
This approach ensures that settlement amounts in personal injury cases are proportional to each party’s contribution to the accident.
How Insurance Policy Limits Affect Potential Personal Injury Claim Payouts
Even when liability is clear, the at-fault party’s insurance policy limits can cap how much compensation an injured person can recover.
How Much Are Most Personal Injury Settlements?
If the negligent party’s insurance policy limit is $100,000 and damages total $200,000, the victim can only recover $100,000 from insurance.
They may need to pursue the remaining $100,000 through the at-fault party’s personal assets.
If your losses exceed the negligent party’s insurance limits, an Arlington personal injury lawyer can file a lawsuit on your behalf. Through civil litigation, you may also pursue non-economic damages like pain and suffering, as well as long-term care costs and reduced earning capacity.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
In auto accident cases where the at-fault party has no insurance or inadequate limits, uninsured/underinsured motorist (UM/UIM) coverage may help cover the difference.
This optional coverage only applies to accidents that occur after the policy is in place. An Arlington personal injury attorney can review your auto policy to determine if UM/UIM benefits are available and pursue a claim.
How Insurance Companies Undervalue Personal Injury Settlement Amounts or Deny Claims
Insurance companies use a range of tactics to dispute liability, reduce, or deny claims, including:
- Shifting blame to the victim: Insurers may argue the victim was partially or entirely at fault for the accident. By increasing the victim’s fault percentage, insurers aim to reduce the final settlement payout.
- Denying or downplaying the severity of injuries: Insurance companies often argue that the injuries were not caused by the accident but were pre-existing or unrelated to challenge the necessity or cost of treatments. An insurer may request a victim to undergo an independent medical examination (IME) with a doctor of their choice.
- Using recorded statements against the victim: After an accident, insurers often request a recorded statement from the victim. These statements can later be used to misinterpret or take the victim’s words out of context to suggest they admitted fault or exaggerated their injuries.
- Offering lowball settlements: Insurers frequently offer quick but inadequate settlements shortly after the accident. These lowball offers might pressure victims into accepting before fully understanding the extent of their injuries or damages.
- Prolonging the claims process: Insurance companies may deliberately delay the claims process to frustrate victims into accepting smaller settlements.
Hiring an attorney can safeguard you from such bad-faith practices and pursue a settlement that fairly reflects your losses.
Call The Texas Law Dog to Find Out What Your Personal Injury Settlement in Arlington, Texas, Is Worth
Determining what the average personal injury settlement is in Arlington, Texas, is difficult since each case involves unique circumstances. Accidents such as car crashes, slip and falls, or dog attacks can cause serious injuries. Your settlement should reflect your medical bills, ongoing care, and lost income.
At The Texas Law Dog, our Arlington personal injury attorneys work to recover fair compensation for personal injury that reflects the full impact of your losses. Founding attorney Matthew E. Aulsbrook draws on his background in the insurance industry to anticipate insurer tactics and protect your rights.
Call us today for a free consultation. Our personal injury attorneys in Arlington take cases on contingency, so you pay nothing up front.
