The cost of medical treatment can be very difficult to bear for some victims of car accidents in Texas, especially in cases where it is compounded by the effects of lost wages and other economic damages.
Severe injuries that take a long time to heal are usually the most difficult to manage. Often, the average car accident settlement awarded to victims may not be enough to cover long-term care.
Important treatments, such as physical therapy, chiropractic treatment, and long-term rehabilitation, need to be considered when seeking compensation after a car accident.
However, insurance companies usually try to downplay the financial burden that victims still suffer many months or years after the incident occurred. It takes a good lawyer to fight for the rights of those injured because of someone else's negligence.
In Texas, Schuerger Shunnarah Trial Attorneys has a track record of going to war for victims who require a long-term medical treatment plan after a car accident. Victims with spinal cord injuries or other severe injuries that may require chiropractic treatment can visit its law offices in Houston for a free consultation. They can also advise on an average physical therapy car accident settlement Texas.
Average Car Accident Settlements in Texas
Car accident settlements in Texas vary significantly based on the severity of the injuries the victims sustained and the type of accident that occurred. This makes it difficult for victims to estimate how much money they are likely to receive for their injuries without first looking at the specifics of their circumstances.
It is common for the average settlement value to be over $1 million in cases involving very serious injuries, while it can be as low as $8,000 - $9,000 when dealing with minor soft tissue injuries.
Car accidents that result in multiple injuries, such as side-impact collisions, have also been known to attract very high average settlement amounts for the victims involved.
The ranges of settlement amounts are so wide that simply looking at the statistics will not help victims who want answers regarding their personal injury claims. Only a good lawyer can look at all the factors involved and come up with a close estimate of how much the lawsuit may yield. They can also explain what does at-fault mean in car accident law.
Is Chiropractic Treatment and Physical Therapy Covered by Car Accident Settlements?
The economic damages awarded to a victim as part of their car accident settlement are meant to cover all their medical bills, lost wages, and other financial losses related to the accident.
In some cases, chiropractic treatment may be required to address chronic pain and discomfort that the victim may be suffering.
A good example is a head-on collision that results in the victim suffering a herniated cervical disc. Such injuries may not require surgery and can be treated using a combination of medication and chiropractic care.
However, chiropractic treatment is not cheap, so the total medical bills may end up being very high. The good news is that in Texas, chiropractic care for injuries related to the accident is covered under economic damages.
It will take a good lawyer to demonstrate that this type of treatment was essential to the recovery of the victim, meaning the insurance company has to be held liable for all the associated costs.
How the Insurance Company Calculates Car Accident Settlements
When facing a personal injury lawsuit, insurance companies have their own ways of calculating what they deem to be a fair settlement amount to offer the victim. If both parties can reach an understanding, a settlement can be paid to the victims without the need for the personal injury case to go to court.
The following are some of the factors that the best car accident attorney in Houston and the defendant's insurance company will consider when calculating the value of a car accident settlement:
Cost of Medical Bills
A fair settlement amount has to be enough to at least cover all the medical expenses that the victim had to cover. Here, it helps if the victims have kept all their receipts of the medical bills they had to pay, including those for physical therapy, rehabilitation, and chiropractic care.
However, there are certain personal injury cases where the attorney may realize that simply seeking compensatory damages for paid or due medical care may lower the value of a claim. This may be because the amount paid by the victim may be different from the amount billed by the medical provider.
Navigating such complex scenarios requires all the knowledge and skill that an experienced personal injury attorney will have to ensure that the victim's medical expenses are covered in full.
Severe, Complex, or Soft Tissue Injuries Sustained
A huge factor in determining the settlement amount in personal injury cases is the severity of the injuries sustained. Severe neck and back injuries may lead to lifelong complications, or at the very least, require extensive chiropractic care and physical therapy to correct.
As such, these injuries may end up attracting a higher settlement amount than, say, minor soft tissue neck and back injuries that require little to no medical treatment.
Modified Comparative Negligence Rule
In Texas, car accidents are rarely attributed solely to the actions of one party. Modified comparative negligence laws mean that the victim is often awarded a fair share of the blame for causing the accident.
That means the final amount they will receive as compensatory damages for the injuries and financial losses they suffered will be affected by the percentage of blame the courts award to them. If they are awarded more than 50% of the blame, they will not be entitled to any compensation for the defendant's negligence.
Insurance Company Policy Limits
Texas imposes the following insurance coverage policy limits on all its drivers:
$30,000 per person
$60,000 per accident bodily injury liability insurance
$25,000 property damage liability
If the cost of treating a severe injury is quite high, the insurance coverage may not be enough to cover all the expenses.
Strength of Evidence
The stronger the case the personal injury attorney can build, the more they are likely to win for their clients in a car accident settlement case. This is why victims need to assist their attorneys by gathering anything that may be used as evidence during the trial.
Besides the evidence, other factors will affect the victim's chances of winning the case and receiving a huge settlement amount, such as:
Prior claims made by the victim
The plaintiff's and defendant's profiles
Aggravating circumstances, such as the injury of a minor during the accident
Particular facts of the case
Punitive Damages
If the court decides that the defendant denied responsibility after showing gross negligence and acted fraudulently, maliciously, and deceptively, punitive damages may be imposed. In Texas car accidents, these damages are usually limited to twice the amount of compensatory damages awarded to the victim additional non-economic damages not exceeding $75,000.
How Much Can Victims Receive for a Chiropractic Treatment Plan?
What is the average chiropractic care car accident settlement Texas victims of car accidents can expect? This is a very common question asked by victims who have suffered neck and back injuries after a car crash.
However, as seen by the many different factors that influence the average settlement amount awarded to car accident victims in Texas, it is not easy to estimate how much will be given for chiropractic care.
In many cases, it comes down to how hard the personal injury lawyer is willing to fight for every cent their client is owed. With such high medical bills as those that are charged for chiropractic care, insurance companies are often reluctant to accept liability and cover those costs.
Victims of motor vehicle accidents can increase their chances of being fully compensated for all their medical expenses by keeping track of all the treatments they receive for back and neck injuries. This will make it easier for their personal injury attorney to calculate their losses and demonstrate how much the defendant is liable for.
Steps Car Accident Victims Need to Take
If a personal injury settlement is not reached before the case goes to trial, victims can expect the insurance company of the liable party to fight tooth and nail to avoid paying for their chiropractic care. As such, the steps they take immediately after the car accident will play a huge role in determining how much settlement amount they are awarded.
After suffering injuries during a motor vehicle accident, victims must take the following steps:
Seek medical treatment as soon as possible
Obtain a medical and police report
Follow the doctors' instructions completely
Gather important evidence
Talk to potential witnesses
Keep a pain journal
Hire a qualified and experienced car accident attorney
A Good Lawyer Is Needed for a Personal Injury Claim in Texas
Personal injury lawsuits can be very complicated, especially when trying to win compensatory damages for long-term medical treatment, such as chiropractic therapy. In such cases, the personal injury victim will need all the help they can get to be fully compensated for their pain and suffering.
A good attorney could be the difference between winning massive damages or walking away with nothing. Schuerger Shunnarah Trial Attorneys is ready to go to war for the rights of its clients.