How Auto Accident Settlements are Calculated | San Antonio Attorneys
Although you probably drive somewhere every day, you never think that a serious wreck could happen to you. The bills, the injuries, and the disruption to your livelihood all make a car accident in San Antonio a tragic, life-altering event. If you or a loved one was involved in a car wreck and are seeking compensation, you may be wondering how auto accident settlements are calculated. At Carabin Shaw, we’ve been fighting for victims for over 25 years, and our numbers speak for themselves—we’ve recovered over five hundred million dollars for our clients. With our decades of experience, our San Antonio car injury lawyers know how accident settlements are calculated. Every case is different, but the following are some general guidelines a San Antonio car accident lawyer at our firm would use to estimate what you are owed.Types of Damages
Damages in any personal injury case in San Antonio are broken down into two types: economic damages and non-economic damages (you may hear insurance companies refer to them as “special damages” and “general damages,” respectively). Economic damages are the tangible amounts of money you’ve lost because of the at-fault party’s negligence, including medical bills and loss of income. Non-economic damages are the alterations to your life that you’ve had to endure because of the injury that don’t have an exact monetary value, such as pain and suffering, or loss of enjoyment of life. Below is a list of the types of damages San Antonio car injury lawyers could help you win:
- Loss of income
- Medical expenses
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of quality of life
To learn more about damages, speak with auto injury lawyers in San Antonio.Damages Formula
Every San Antonio car accident lawyer at our firm will tell you that damages are typically calculated by beginning with your medical expenses. To start, the total medical expenses are multiplied by a certain value between 1.5 and 5, based on variables like the length of your recovery, the extent of your treatment, and how invasive any procedures you underwent were, etc. An easier recovery will be in the 1.5 to 3 multiplier range, while a serious injury with a prolonged recovery can have a multiplier of 5 or even more.
The cost of your medical expenses is usually a good indicator for what multiplier will be applied. For example, if your total medical expenses were $250, that probably means you had a single visit and recovered quickly. However, if your medical expenses were $25,000, you must have undergone extensive treatment with a number of visits, making your damages multiplier higher.
An attorney can help you calculate your estimate. For further explanation, speak with a San Antonio car accident lawyer.Comparative Negligence
An additional factor that will determine how much compensation auto injury lawyers in San Antonio could win for you is what’s known as “comparative negligence.” In Texas, every driver involved in a wreck can be found to be a different percentage at-fault for the accident. Your percentage at fault will affect your overall payout. For example, if you are found to be 10% at fault, you will be awarded your total damages minus 10% (the percentage at fault you are for the accident). If you have questions about how comparative negligence works, be sure to speak with an attorney.How a Lawyer Can Help
Knowing how auto accident settlements are calculated can be useful for your case. Your lawyer can work with you to understand the estimate for your damages, then be a guide on whether to accept the insurance company’s offers. At Carabin Shaw, we pride ourselves in doing what’s best for our clients, every day. We want you and your family to get everything you deserve. Call us today, and speak with a San Antonio car accident lawyer who is ready to win for you.
Call toll-free: 210-222-2288