If you were hurt as the result of someone else’s negligence in Texas, then you may be able to file a claim against their insurance company. The process for determining the value of your claim can be complicated.
Insurance companies in Texas calculate injury claims by assessing various factors surrounding victims’ cases such as their degrees of fault, the severity of their injuries, their financial losses, and even their emotional anguish. However, insurance companies often aim to minimize payouts, sometimes offering low settlements or disputing injuries’ severity. Therefore, it is crucial for individuals to seek legal representation to ensure they receive the full extent of payment they deserve.
Seek help from our Dallas personal injury lawyers by calling The Queenan Law Firm, P.C. at (817) 476-1797 for a free assessment of your case.
Calculating Injury Claims in Texas
When it comes to calculating insurance claims, insurers will typically follow the same general process. Each of the following factors may be analyzed when determining the value of a particular claim:
Fault Assessment
When calculating injury claims, insurance companies assess fault by reviewing evidence such as police reports, witness statements, and any applicable laws or regulations. They determine the degree of liability for each party involved in the accident, which can significantly impact the compensation awarded to the injured individual.
Financial Losses Evaluation
Insurance adjusters also consider various financial losses incurred by the injured party, including medical expenses, lost income due to inability to work, and property damage. They meticulously examine receipts, invoices, and other documentation to ascertain the extent of these economic impacts and factor them into the compensation amount.
Subjective Factors Analysis
In addition to objective financial losses, insurance companies may also consider subjective factors like pain and suffering, emotional distress, and loss of enjoyment of life. These elements are more challenging to quantify but can significantly affect the overall compensation awarded to the injured individual, especially in cases of severe injuries or long-term disabilities.
Low Settlement Tactics
Unfortunately, insurance companies may employ low settlement tactics to minimize their payouts, such as offering initial settlement amounts far below what the claim may actually be worth. They may also dispute the severity of injuries or the extent of financial losses, hoping to pressure the injured party into accepting less compensation than they deserve. It’s essential for individuals to be wary of these tactics and seek legal representation. Our Arlington, TX personal injury lawyers are prepared to help injured parties negotiate fair compensation and protect their rights.
How Following Medical Advice and Documenting Injuries Can Improve the Value of Your Claim in Texas
Following medical advice and thoroughly documenting your injuries can significantly impact your insurance claim in Texas. When you promptly seek medical attention and adhere to the treatment plan recommended by healthcare professionals, you demonstrate the seriousness of your injuries to insurance companies. This documentation serves as crucial evidence of the extent and severity of your injuries, strengthening your claim and increasing the likelihood of receiving fair compensation. Additionally, keeping detailed records of medical appointments, prescriptions, and any related expenses provides concrete proof of the financial losses you’ve incurred because of the accident. By actively participating in your recovery and meticulously documenting your injuries, you empower yourself to build a strong case and maximize the compensation you deserve for your damages.
Examples of Mistakes that Can Hurt the Value of Your Injury Claim in Texas
There are several mistakes that personal injury victims can make that will hurt the value of their potential claims. Understanding some of these mistakes can help you avoid committing them in your case.
Delaying Medical Treatment
One common mistake that can decrease the value of your personal injury claim is delaying medical treatment after an accident. Failing to seek prompt medical attention not only jeopardizes your health but also allows insurance companies to argue that your injuries were not severe or directly caused by the accident. This delay can undermine the credibility of your claim and potentially reduce the compensation you receive.
Providing Inconsistent Statements
Another mistake is providing inconsistent statements about the accident or your injuries. Inconsistencies in your accounts of the incident or the extent of your injuries can raise doubts about your credibility and the validity of your claim. Insurance adjusters may use these discrepancies to dispute your claim or offer lower settlements, leading to reduced compensation for your damages.
Neglecting to Document Evidence
Neglecting to document evidence related to the accident and your injuries can also diminish the value of your personal injury claim. Failing to take photographs of the accident scene, your injuries, or property damage, and not obtaining contact information from witnesses can weaken your case. Without sufficient evidence to support your claim, insurance companies may challenge your version of events and offer lower settlements.
Discussing the Case on Social Media
Discussing the details of your personal injury case on social media platforms is another mistake that can harm your claim. Insurance companies and their representatives often monitor social media accounts for information that could be used against claimants. Posting photos, updates, or comments that contradict your injury claims or suggest negligence on your part can be detrimental to your case and potentially reduce the compensation you receive.
Accepting the First Settlement Offer
Finally, accepting the first settlement offer you receive from an insurance company without consulting our legal professionals is a mistake that may result in undervaluing your claim. Initial settlement offers are typically lower than the actual value of your damages, as insurance companies aim to minimize potential payouts. Connecting with our legal team can help you evaluate the true worth of your claim and negotiate for fair compensation that adequately covers your losses.
Contact Our Law Firm for Help with Your Texas Personal Injury Claim
If you suffered an injury caused by someone else’s negligence, seek support from our Irving, TX personal injury attorneys at The Queenan Law Firm, P.C. by calling (817) 476-1797 for a free case review.