Posted on October 11, 2022
Car Accidents
Once the dust settles after suffering injuries and damages in a car accident, the first question you might ask is, What is the average settlement for a head-on collision?
Understandably, getting control of your finances is probably top of mind after an accident.
As your medical bills pile up, it may be hard to concentrate on your recovery.
While the value of a head-on collision settlement will vary from case to case, there are a few factors that may affect settlement values.
What Factors Influence Head-On Collision Settlement Values?
Many injured victims walk into an attorney’s office and ask, What is the average settlement for a head-on collision?
Unfortunately, an average settlement does not exist. Each case presents its own unique set of facts and circumstances that impact potential settlement values.
Multiple variables are involved, and each victim will have a different experience. Below is a list of common factors that influence head-on collision settlement values.
Insurance
Insurance limits impact settlement values. The coverage limits of the liable driver’s insurance company will cap the amount you can receive from an insurance settlement.
Texas requires all drivers to carry minimum insurance coverage of $30,000 for injuries per person, $60,000 total per accident, and $25,000 for property damage.
For many, these sums barely scratch the surface of their damages. When an insurance settlement won’t cover all of your damages, you have the option to pursue a personal injury lawsuit against the responsible driver.
Severity of Injuries
Car accident injuries vary in severity. However, head-on collisions often result in serious injuries.
Spinal cord injuries and traumatic brain injuries may occur and can permanently affect a person’s day-to-day life.
Victims of severe or catastrophic injuries will often receive higher settlement amounts than people who suffer injuries they can recover from.
Length of Treatment
A personal injury case might not settle until an injured victim has completed treatment for their injuries. It’s vital to closely follow your doctor’s orders and treatment plan.
For those suffering severe injuries, multiple surgeries, a lengthy recovery period, and months of physical therapy may be prescribed. Some victims may never fully recover.
Accepting a settlement offer before you know the full extent of your recovery costs could result in compensation that fails to provide the financial support you need.
Legal Fees
Your potential settlement values are impacted by the terms of your fee agreement with your attorney.
Most personal injury attorneys don’t get paid until they obtain a settlement or judgment on your behalf.
A percentage of your total settlement is then paid out to your attorney. This percentage is established at the start of your case.
What Is Included in a Settlement?
When parties in a personal injury lawsuit settle, the injured victim agrees to accept money in exchange for not pursuing a claim against the responsible party.
Determining what to accept in settlement discussions requires a calculation of your compensatory damages.
In Texas, compensatory damages include economic and noneconomic damages.
Economic Damages
Economic damages represent financial losses directly related to your injuries. Economic damages include costs and expenses for the following:
- Medical expenses,
- Property damage,
- Lost wages, and
- Loss of future earnings.
These financial losses can be calculated by looking at your bills, receipts, invoices, and other documentation showing your expenses.
Noneconomic Damages
Noneconomic damages compensate you for the emotional losses you suffered because of an accident. These are only available if you first prove you suffered harm.
Examples of non-economic damages include:
- Pain and suffering,
- Disfigurement and scarring,
- Permanent injury or disability,
- Loss of consortium,
- Loss of enjoyment of life, and
- Emotional distress.
Due to their subjective nature, noneconomic damages are difficult to quantify.
For example, how does one assign a value to a scar that permanently changes your physical appearance or the pain and suffering caused by your injury?
An experienced attorney can help you determine the full extent of your damages so that you can pursue the compensation you deserve.
Punitive Damages
The Texas Civil Practice and Remedies Code Section 41.003 awards punitive damages if an injured victim proves their harm resulted from fraud, malice, or gross negligence.
Establishing negligence alone does not permit an injured victim to claim these damages in a head-on collision lawsuit.
Texas law caps punitive damages at $200,000 or two times a person’s economic damages plus an amount equal to any noneconomic damages found by the jury not to exceed $750,000.
Contact Us
The Law Office of Aaron Herbert has worked hard to earn a reputation in the community as hard-hitting, determined attorneys who mean business in and out of the courtroom.
With a mission focused on passionate advocacy for injured victims, our team combines legal experience, aggressive litigation, and personalized plans to help our clients fight for the compensation they need.
Contact us today to schedule a free case evaluation to learn how we can help you.
