After an accident, medical bills and missed paychecks can quickly create financial pressure. One of the first questions people ask is, “What is my personal injury case worth?”
The answer depends on your injuries, financial losses, the evidence, and who was responsible. Understanding these factors—and keeping the right records—can help you prepare for a meaningful case evaluation.
Your diagnosis, treatment, and expected recovery are central to evaluating a claim. Emergency care, surgery, physical therapy, medication, and anticipated future treatment may all be relevant when supported by the evidence.
Medical Expenses and Long-Term Recovery
Keep medical records, itemized bills, and your providers’ recommendations. In Texas, recovery of incurred medical expenses is limited to amounts actually paid or incurred by or on your behalf. The original bill alone may not establish the recoverable amount.
Lost Income and Reduced Earning Capacity
Missing work can affect your finances immediately. Lasting restrictions may also reduce your ability to earn money in the future, even after you return to work.
To document these losses, gather:
- Earnings records: Pay stubs, W-2s, tax returns, and records of regularly earned overtime, commissions, or tips.
- Employer verification: Written confirmation of your pay rate, usual schedule, missed hours, and any reduced duties or wages.
- Medical restrictions: Work-status notes explaining how your injuries limit your ability to perform your job.
- Self-employment records: If applicable, 1099s, invoices, payment histories, expense records, and evidence of canceled work.
Keep a dated log of missed work, including partial days for treatment. Distinguish unpaid absences from time covered by paid leave. If you own a business, separate total business revenue from the earnings attributable to your own work.
Texas also requires evidence of lost earnings or earning capacity to reflect a net loss after applicable federal income-tax reductions. Preserve your underlying payroll and tax records so the loss can be calculated accurately.
Pain and Changes to Everyday Life
A claim may also involve physical pain, mental anguish, physical impairment, or disfigurement, depending on the facts and supporting evidence. Texas law recognizes noneconomic damages, but the categories available depend on the claim.
Be specific about how your injuries affect you. Difficulty sleeping, needing help with personal care, or being unable to perform ordinary household tasks can help explain your experience. Keep accurate notes and discuss symptoms honestly with your medical providers.
Fault and the Strength of the Evidence
For claims governed by Texas’s proportionate-responsibility rules, compensation is reduced by your percentage of responsibility. If you are more than 50% responsible, recovery is barred under those rules.
For example, $100,000 in damages would become $80,000 after a finding that you were 20% responsible, before other applicable adjustments, fees, or expenses. This is only an illustration.
Photographs, witness information, video, incident reports, and relevant messages can help establish what happened and support your claim.
Insurance Coverage and Your Actual Recovery
Insurance limits, coverage disputes, and available sources of payment can affect settlement options. A claim’s potential value does not always equal the amount available to collect.
The settlement amount also differs from your take-home recovery. Attorney’s fees, case expenses, and any valid medical liens or reimbursement obligations may affect the distribution. Ask for a written breakdown before deciding whether to accept an offer.
Understand Your Losses Before Settling
Before signing a settlement release, consider whether your future medical needs and work limitations are understood. The Texas Department of Insurance advises injured claimants to consider future treatment before signing a release. A release can give up the right to seek additional compensation for the claims it covers.
If an accident has affected your health or income, contact our firm to discuss your circumstances. Bring your medical, employment, and insurance records so we can evaluate the losses and issues involved in your potential claim.
