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The Nine Most Important Things You Need to Know After An Auto Accident
Texas Car Accident Attorney, Personal Injury Lawyer, Contact a Texas Lawyer about your case.

How do I determine what my claim is worth?

Unfortunately, there is no mathematical formula that you can use to determine the value of an accident claim. The determination of the value of a claim is based on a number of factors, including:

  • the amount of medical expenses
  • the nature of the injuries incurred
  • the circumstances surrounding the accident
  • the existence of any pre-existing injuries on the part of the accident victim
  • whether the accident victim has permanent injuries or physical limitations as a result of the accident
  • whether the accident victim has lost wages as a result of the accident
  • in a motor vehicle accident, the amount of damage done to the vehicles involved in the accident.
  • in a motor vehicle accident, whether or not the at-fault driver had been drinking or was otherwise exhibiting reckless behavior which led to the collision
  • in a slip and fall accident at a business, whether the employees of the business were aware of the dangerous condition prior to the accident
  • in a slip and fall accident at a business, whether other people had previously been injured by the dangerous condition

One of the primary factors in determining the value of an accident claim is the amount of medical expenses and the nature of the injuries incurred. In general, the higher the amount of medical expenses and the more serious the injuries incurred, the larger the settlement amount. On the other hand, adjuster also sometimes attempt to penalize accident victims by arguing that the accident victim was over treated by his or her doctors, and/or that the doctors charged too much for their services.

Egregious behavior by the at-fault party can add to the value of the case. For example, if the at-fault driver in a car wreck case was drunk at the time of the accident, that party's insurance company will likely offer to pay more to settle the claim. Another example: in a slip and fall case, if the store's employees knew about a leak that had been on the floor for a long time, but still failed to clean it or warn customers about it, the insurance company will likely offer to pay more to settle the claim. Visit the Getting Started area for more information.

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Can the pedestrian be at fault in an automobile accident?

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Call or Email Stephen Johnson for a free initial consultation about your personal injury case.