Items That Influence Car Accident Settlements

The Type and Severity of Your Injury

Probably the most important factor that will influence your car accident settlement is the type of your injury sustained and the severity. For example, if you break your nose and require reconstructive surgery, you will most likely be paid for loss of income, pain and suffering, and have your medical expenses reimbursed. However, if you lose a limb or suffer a traumatic brain injury, your future quality of life will be severely impacted, so you'll receive additional compensation.

Damage to Your Vehicle

No matter what type of car accident you are in, if your vehicle suffered any type of damage that requires an auto body shop repair or a complete replacement, your insurance company will pay for the damage to your vehicle. This also includes the cost of a rental car while your car is being repaired.

Who is At-Fault

Another major factor in car accident settlements is who is at fault. If the other driver is at fault and you had no fault whatsoever in the car accident, you can expect more compensation than if you played a role in the car accident. This is especially true for more subjective damage claims, such as pain and suffering. The state of Texas is a modified comparative fault state. That means that the other driver must be 51% at fault for the accident in order to receive compensation. If you are the at-fault driver at a percentage of 51%, you cannot receive compensation. If you are at-fault for 50% or less, your compensation will be modified by that amount.

Missed Time at Work

Car accident injuries, especially if they require hospitalization, usually cause you to miss work, which may cost you money. The more severe your injury, the more work you may miss. Lost wages is a claim you can make and get compensated for. If the injury you suffered from a car accident causes a major disability, affects your current ability to earn money, or requires you to change careers to a lower-paying job, you can claim compensation for lost future wages, too.

Your Age

Your age matters when it comes to car accident injuries. If you've suffered a catastrophic injury that will affect you the rest of your life and you are 25 versus someone who is 50 and has suffered the same injury, you can expect to receive more compensation because you have a greater expected lifespan and the injury will impact you over a longer time period.

Eyewitness Reports

Having eyewitnesses to your car accident is a good thing for the most part. These are people who have no vested interest in your case and can offer important collaboration for your case. That being said, if there are multiple witnesses and their stories differ, this can negatively impact your car accident settlement because the judge and jury won't know who to believe. This can also impact the final determination of how much you are at-fault, again affecting the final outcome of your settlement.

Marital/Family Status

If you have a family and/or are married, you can expect to receive more compensation than a single person. This is because you could be considered the primary breadwinner of the family, and if you can't work to the same capacity as before the accident, you should receive more compensation to care for them. Similarly, if you are married and you take care of the kids, you will receive more compensation if your ability to drive and care for them is impacted.

Pain and Suffering

There are many injuries that can cause recurring pain and suffering, possibly even for the rest of your life. Some of these injuries are traumatic brain injuries, severely broken limbs that impact mobility, neck and back injuries, nerve damage, migraines, paralysis, and more. Plus, emotional trauma falls under pain and suffering. Many people think that pain and suffering is not a serious condition. However, chronic pain can cause many lifestyle changes and can impact your life.