How Are Settlements for Permanent Injuries Determined?

By Jose Ceja
Managing Attorney

What many people don’t know is that most personal injury cases don’t actually go to trial; rather, they are usually settled with the insurance company and the victim of the accident outside of court. These settlements provide the victim with compensation for their injuries and in return they drop their pursuit of the case. But how exactly are settlements determined when it comes to permanent injuries?

There is a general process for determining settlement amounts for permanent injuries. The insurance company will look at a variety of factors:

  • The cost of your medical bills and estimated future medical bills;
  • The severity of your injuries and the limitations you will face long-term;
  • Whether you were at all liable in the accident that caused your injuries;
  • The amount of your pain and suffering;
  • Whether you now suffer from permanent disfigurement; and
  • Your lost past and future wages.

Factors with Strong Influence

Generally, the higher your medical bills and expenses, the greater you can expect your settlement award to be. When you are calculating these expenses be sure to look at the amount of money that you have already paid and what you expect you will be paying in the future. For instance, if you’ve had surgeries and will require further surgeries, be sure to include both of those. Things such as long-term physical and/or talk therapy should also be included as factors in determining the settlement amount. 

When it comes to injuries that cause permanent limitations, such as paralysis, brain damage, and nerve damages, these also weigh heavily on the settlement amount. If your injury precludes you from the career you have had, that also is taken into consideration. 

It’s also important to understand that pain and suffering are non-economic damages. Put simply, they don’t incur a monetary expense that a surgery would. Rather, they are looked at for purposes of determining the impact that the injury has on the life of the accident victim. However, pain and suffering may also be related to the mandatory procedures that the victim requires. For instance, a burn victim who must undergo procedures causing immense pain.

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident

If you have been the victim of an accident and suffered permanent injuries, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.

At Ceja Law Firm PLLC, we understand the impact that permanent injuries can have on many aspects of your life and the importance of properly dealing with the negligence or recklessness that caused the injuries. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.