There are thousands of car accidents on US roadways every day- many of which result in severe injuries. Even minor injuries can require physical therapy- but how can people claim back the costs?
What is an average physical therapy car accident settlement? Texas car accident victims are entitled to claim compensation from the person responsible, including costs for physical therapy. Here is a detailed guide on physical therapy costs, compensation, and other important factors in a car accident settlement. Contact Schuerger Shunnarah Trial Attorneys for more information on car seat laws Texas as well.
What Is the Average Car Accident Settlement Overall in Texas?
The average settlement for a car accident in Texas is around $21,000. This includes compensatory damages of all kinds and punitive damages where relevant. Settlements range from a few thousand dollars to hundreds of thousands- or even millions- of dollars in some cases. It is important to remember that every case is unique and that many different factors affect the overall total settlement amount awarded.
Is Physical Therapy Covered by Compensation in Car Accident Settlements?
Physical therapy costs, along with other medical bills relating to injuries sustained, are covered by compensation in car accident settlements. If a victim requires physical therapy for an injury they suffered as a direct result of a car crash that was not their fault, the at-fault party is liable to cover the costs.
How Much Compensation is Usually Awarded for Physical Therapy After a Car Accident?
It is tricky to pinpoint an average figure specifically for physical therapy compensation as it is combined with so many other factors. How much a person can expect to receive in their settlement depends on how much the therapy they require is expected to cost overall.
The amount awarded in a physical therapy settlement following a car accident can be as little as $1,000 or as much as $1 million- it depends on the circumstances of the accident and injury and the efficacy of their legal team.
Here are some factors that contribute to the settlement amount for physical therapy in personal injury and car accident claims.
Extent of Injuries
Even minor injuries can require some physical therapy, but the costs for severe injuries are likely to be much higher. The severity of the injury sustained has a significant impact on how much compensation can be recovered on all fronts- including physical therapy.
If someone suffers brain, spinal, or nerve damage that affects their ability to walk, they may need intense physical therapy for many years- if not the rest of their life. In this case, the settlement amount is likely to be at the high end of the scale.
Pulled or torn muscles in the arm, shoulder, or neck that cause discomfort but have only a minor effect on a person's overall quality of life are likely to gain a lower settlement.
The Type of Sessions
Some physical therapy sessions are more intensive and involved than others. They may take multiple therapists and involve additional treatments daily instead of short, simple sessions every couple of weeks.
Long-Term Treatment Plans
Settlements don't just cover the money spent so far- they also look at the long-term costs a person is likely to incur. By looking at the long-term physical therapy requirements, medical professionals can estimate the lifetime cost of treatment for the injuries.
A car accident settlement includes the projected expenses the victim will face for physical therapy in the future. Someone who is expected to conclude treatment in a few months will not be awarded as much as someone with a treatment plan expected to last years.
Victims who sustain permanent injuries leading to disability may require physical therapy for the rest of their lives. In these cases, a higher settlement is almost always awarded.
Out-of-Pocket Expenses for Attending Physical Therapy
On top of the actual medical expenses, there are other costs related to physical therapy. These include the cost of travel and parking to attend the sessions and wages lost because of the time taken away from work to complete the treatment.
What Else Contributes to the Total Compensation in a Car Accident Claim?
Physical therapy does not account for the entire settlement amount- it is only part of it. Personal injury claims after car accidents often include three categories of damages: economic damages, non-economic damages, and punitive damages.
Economic damages are the things that have a dollar value. These include lost wages, property damage, out-of-pocket expenses, and medical treatment (including physical therapy). Settlements also include economic damages for future lost wages and predicted medical costs.
Non-economic damages are often referred to as pain and suffering damages. These are the things that don't come with a receipt, such as the emotional distress and lasting trauma caused by the accident. They are usually worked out based on the lasting impact the accident and resulting injuries have on a person's life.
Punitive damages are not part of a settlement agreement, but they may apply in cases that go to a lawsuit or where a criminal charge is also involved. These are entirely separate from compensation. While compensatory damages repay the victim for something lost, punitive damages punish the defendant for their negligent or criminal actions. Only a judge can decide how much should be paid in punitive damages, and they have nothing to do with the physical therapy settlement amount.
That said, a case where someone faces hundreds of thousands of dollars of long-term physical therapy settlement because they were involved in a car accident caused by someone else's reckless actions is likely to result in more substantial punitive damages than a minor collision.
When Are Physical Therapy Sessions Required?
Car crash injuries are varied- from cuts and abrasions to paralysis and traumatic brain injuries. Both minor and severe injuries can require physical therapy sessions to aid the recovery process and help people regain- or get closer to their previous quality of life.
In some cases, physical therapy is required to rebuild strength and flexibility in bones or muscles that were damaged due to breaks, tears, or strains. Luckily, in many cases, physical therapy treatment can more or less reverse damage and let people continue living as they did before.
More intensive physical therapy is required when people sustain life-altering injuries. Loss of limbs, partial or full paralysis, and brain injuries are some examples of more severe injuries that people do not fully recover from but can gain something through physical therapy.
People may need to learn to walk again, talk again, or perform basic skills. Physical therapy helps people adjust to their new way of life and learn how to cope better with their injuries.
What Is the Average Cost of Physical Therapy Sessions in Texas?
The average cost of a physical therapy session in Texas is between $80 and $150, depending on the facility and nature of the treatment.
Overall, the total cost of physical therapy treatment depends on the type of injury and how many sessions are required. In-home care is substantially more expensive than clinic care, and additional treatment such as massage therapies, x-rays, or acupuncture will increase the cost.
Does Insurance Cover It?
Insurance may cover part of the cost of some physical therapy treatments. The average cost of a session with insurance is between $20 and $60. Even if therapy is all or partially covered by insurance, car accident victims can still claim whatever they spend out-of-pocket from the at-fault party.
An insurance company may refuse to pay for some treatments following an accident or insist they are repaid in full by the person liable. A victim should not have to claim on their own insurance to cover medical treatment if the accident was someone else's fault.
How to Claim Physical Therapy Expenses in a Personal Injury Case
The first step towards claiming physical expenses as part of a car accident settlement is to get a detailed medical report from the practitioner. It should be itemized and explain what costs have been incurred so far for specific treatments. From there, the personal injury attorney can present evidence to the at-fault party and their insurance company to show what expenses the injured victim has faced so far. They can also give insight on the average chiropractic care car accident settlement Texas.
Furthermore, a medical expert must provide their testimony detailing the expectation for future medical expenses. This includes any physical therapy they expect the person to need going forward and how much it may cost. It must include the point of maximum medical improvement- meaning the point where they believe the victim will not recover any further.
Once the lawyer has these details, they can combine the amount with other damages and come up with an initial settlement request. This is presented in a demand letter, which the insurance company must reply to.
From there, negotiations begin between the victim's legal team and the defendant's insurance company. The insurance company should reply with a counter-settlement offer- then it goes between the two parties until an agreement is reached or the claimant decides to move forward with a lawsuit. A personal injury lawsuit goes past the settlement and puts the decision as to how much should be awarded to the victim is put in the hands of a judge.
Why Hire an Experienced Personal Injury Attorney to Help with a Physical Therapy Settlement?
Hiring a car accident attorney is the best thing an injured person can do as they pursue a personal injury claim. Physical therapy expenses are only part of it- there is much more to consider, and a legal expert can ensure proper process is followed- and the full potential is reached. Here are some of the benefits of working with a professional car accident attorney when claiming damages following an injury.
Maximize the Claim Potential
Many car accident victims are left in shock and facing a tough recovery after the incident. As such, they may miss things in the claim or not fully realize the compensation potential. With a legal team on their side, all possible damages that could be recovered are included in the claim- setting the initial settlement request amount as high as it can be.
Secure Statements from Expert Witnesses
One of the most important factors in deciding how much to award for physical therapy and other medical treatment is the statement given by the medical professionals.
Otherwise known as expert testimony, the input of a physical therapist or other general practitioner provides better insight into the extent of the injury and how much assistance or therapy will be required. A car accident lawyer ensures the expert witness is reputable, transparent, and beneficial to the claim. They take the responsibility of securing the testimony out of the victim's hands.
Navigate Negotiations
The defendant's insurance company will not want to hand over the total settlement amount. It is their job to negotiate a lower settlement based on the details of the case and what they believe they are liable for. This can be a trying process- something no recovering car accident victim should have to face alone.
The best car accident lawyers in Houston negotiate on the victim's behalf with the insurance adjuster to reach an agreed fair settlement. The legal team will provide evidence to support the requested initial amount and keep the figure as high as possible. Without legal representation, victims can feel pressured into accepting lowball offers that are far below what they rightfully deserve. A personal injury attorney does not let that happen.
Arrange a Free Consultation Today to Discuss a Car Accident Settlement with Houston Lawyers who Go to War for You
Schuerger Schunnarah Trial Attorneys go to war for Hou car accident victims seeking compensation for their injuries. Physical therapy is just one of the potential expenses an injured person faces in the aftermath of a car crash, and this dedicated legal team is determined to recover the maximum amount owed to every victim. Arrange a free consultation today with an elite legal expert in Houston who cares. Let Schuerger Schunnarah fight for you.