5 Key Factors That Can Affect Your Personal Injury Settlement in Dallas
If you were injured due to someone else’s negligence, you may be wondering how much your case is worth. At McGilberry & Shirer, we know that every personal injury settlement is different, and several key factors can influence how much compensation you receive. Below are the 5 most important elements that impact the value of your personal injury claim in Dallas, TX.
1. The Severity of Your Injuries
The extent of your injuries is one of the most powerful factors in determining your settlement value. More severe injuries often mean higher medical bills, longer recovery times, and greater pain and suffering. For example, a traumatic brain injury or spinal damage can drastically increase your claim’s value compared to minor cuts or bruises. Your diagnosis, treatment plan, long-term prognosis, and even visible scarring all play into this calculation.
To support your claim, medical records must detail all injuries, follow-up treatments, and anticipated future care needs.
2. The Amount of Medical Expenses
Medical bills create a paper trail that insurance companies use to calculate damages. Emergency room visits, surgeries, rehabilitation, medications, and ongoing treatments all add to the economic portion of your settlement. These expenses must be fully documented, including:
- Itemized bills from hospitals or clinics
- Receipts for prescriptions or medical equipment
- Future treatment cost estimates from your doctors
High medical costs increase your claim’s value. In Texas, past and future medical expenses often make up the largest portion of compensation in a personal injury case.
3. Lost Income and Impact on Your Ability to Work
If your injury prevents you from returning to work temporarily or permanently, your settlement should include lost wages. Texas law allows injury victims to recover for:
- Days missed from work due to recovery
- Loss of future earning capacity
- Missed promotions or bonuses
To validate lost income, you will need documentation such as pay stubs, employer statements, or tax returns. A vocational expert or economist may also be consulted to estimate long-term losses.
4. Level of Pain and Suffering
Pain and suffering damages are subjective but can significantly impact your settlement amount. These are non-economic damages that cover:
- Chronic pain
- Anxiety, depression, or PTSD
- Loss of enjoyment of life
- Emotional distress
Texas does not cap pain and suffering damages in most personal injury cases, so this factor can play a major role, especially for victims with long-lasting trauma or disability.
5. Liability and Comparative Fault
Texas follows a modified comparative fault rule. If you are found to be more than 50% at fault for the accident, you cannot recover compensation. Even if you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
Example: If you are awarded $100,000 but are found 20% at fault, your settlement would be reduced to $80,000.
Strong evidence such as police reports, witness testimony, and expert opinions can help establish the other party’s negligence and minimize your share of the blame.
Other Variables That Could Influence Settlement Value
- Insurance policy limits: The at-fault party’s insurance coverage can cap how much you recover.
- Quality of legal representation: Having experienced Dallas personal injury lawyers like McGilberry & Shirer on your side can mean the difference between a lowball offer and a fair settlement.
- Willingness to go to trial: Insurance companies are more likely to settle fairly if they know your attorney is ready to take the case to court.
How McGilberry & Shirer Can Help Maximize Your Settlement
With over 60 years of combined experience, McGilberry & Shirer has recovered compensation for more than 10,000 personal injury victims. We conduct detailed investigations, collect strong evidence, and negotiate aggressively with insurers to ensure you get every dollar you’re entitled to. Our goal is to let you focus on recovery while we handle the legal stress.
No two personal injury settlements are alike. Factors like the severity of your injuries, medical bills, lost income, pain and suffering, and your share of fault all come into play. Working with experienced Dallas personal injury attorneys ensures your case is handled with care, precision, and the highest level of advocacy.
Need help with a personal injury claim? McGilberry & Shirer are the trusted personal injury, car accident, truck accident, and bicycle accident attorneys serving Dallas and Fort Worth. Let us fight for the full compensation you deserve.
