How Does a Personal Injury Settlement Work?

Being injured by someone else’s negligence is more than an inconvenience. Once issues like medical bills and lost wages are addressed, a person must deal with obstacles such as therapy to manage their stress, anxiety, or any other mental health issues after an accident. 

The purpose of a personal injury payout is to help victims recover losses they’ve experienced after being injured by the reckless acts of another. Our job as injury attorneys is to help our clients recuperate the compensation they deserve. To preserve the integrity of your case and ensure the strongest settlement or verdict, it is critical to speak to one of our legal experts as soon as you or someone acting on your behalf can. 

9 Types of Personal Injury Lawsuits

Many people are unaware of what a personal injury attorney may be able to assist with. Often, we think of car accidents between passenger vehicles or slips and falls in big box stores. However, personal injury is an umbrella term for a wide net of cases where civil liability may exist. It covers everything from sexual assaults and wage theft to birth injuries and dangerous medicines. 

Sexual Assault 

Victims of sexual assault have the ability to sue their perpetrators for damages. Common acts that lead to sexual assault lawsuits include (but aren’t limited to):

• Rape
• Groping (sexual battery)
• Sexual abuse of a child
• Indecent exposure
• Sexual assault by rideshare
• Sexual assault by doctors or physicians
• Any non-consensual act of a sexual nature

Although sexual assault cases can rise to be criminal prosecution, a civil lawsuit is a way a sexual assault victim can get monetary compensation for the harm caused. 

Auto Accident Injury

The image of a car accident for most people involves two passenger vehicles. However, there are many cases where car accidents involve a single vehicle. Victims in these types of collisions may not even consider that they may be able to hold another party responsible for the damages they’ve suffered. 

Some examples of automobile collisions that may have unexpected liability include the following: 

• Company vehicle collisions (including employees operating personal vehicles carrying out employment duties on company time).
• Collisions with city/government vehicles (such as police cars, garbage trucks, and other city vehicles).
• Unmarked objects on the road (such as buildings or construction materials).

Generally speaking, when companies or government entities are involved, cases are likely to proceed to trial—because these entities have more assets to protect at your expense. However, each auto case is unique, and there are many factors to consider. If a company is denying or devaluing your injuries, our trial attorneys are capable of handling negotiation talks and have courtroom experience if needed. 

Inadequate security

An inadequate security lawsuit is when an individual injured by a third party tries to hold a tenant or owner of the property where a criminal injury was inflicted liable. Some of these include:

• Robbery
• Rape
• Criminal Assault
• Battery

Inadequate security assumes that the crime would’ve been prevented or made less likely to be committed by using appropriate security measures. An injured individual is able to file an inadequate security lawsuit based on the duty imposed on landowners and possessors of the property to offer better security measures and protect visitors from foreseeable crimes. 

Consumer protection

A consumer protection lawsuit seeks to create a good balance for consumers in the marketplace and prevents sellers from using dishonest tactics. Consumers find themselves needing help after falling victim to online scams, purchasing a product or vehicle without being told of the defects, or losing money in financial schemes, such as identity theft or unauthorized credit card charges. 

Slip and Fall Accidents

Slip and falls don’t just occur out of nowhere. Slip and fall incidents are due to someone else’s negligence and can be an extremely common personal injury claim, especially for the elderly. A slip and fall accident can occur anywhere, including work, a retail store, a local park, an office setting, or in your apartment building. 

A slip and fall can result in one or more of these injuries:

• Severe sprains, fractures, and broken bones
• Emotional trauma, and fear of falling or venturing out
• Hip, spine, and traumatic brain injury
• An extensive amount of medical debt. 

Workplace Injuries

Equipment in the workplace should be properly maintained and kept in safe, working condition. In other words, employers must ensure that employees who use equipment properly to complete a task can do so without being maimed or killed. In addition, in workplaces with toxic chemicals or similarly dangerous airborne substances, your employer should provide personal protective equipment to cover the eyes, nose, and mouth. 

When your employer violates the regulations placed to protect workers from on-the-job injuries, they will try their hardest to deny you getting the compensation that you deserve. Workplace injuries can have long-lasting effects on the quality of your life. 

Birth Injuries Malpractice

Cerebral palsy affects the livelihood of the baby and the family for the rest of their lives. This condition can cause permanent disabilities and complications. Unfortunately, cerebral palsy can sometimes develop after a doctor’s or other medical professional’s mistakes or errors in judgment.

Treatment for cerebral palsy over a lifetime can be expensive if the child requires extensive medical care, rehabilitation, and therapy. One may have a valid cerebral palsy claim if medical experts can show that a medical professional’s actions directly led to your child’s condition. 

Product Liability

A product liability lawsuit presents an opportunity for victims of dangerous products to go after manufacturers after sustaining injuries from using their products. A product that has an unexpected defect or danger does not meet consumers’ ordinary expectations. Although typically consumers go after manufacturers, a number of different parties may be held liable for any injuries that result from the defective product. 

Some of the product liability cases The Carlson Law Firm is accepting include:

• Roundup Lawsuit
• Talcum Powder Lawsuit
• Paraquat Lawsuit
• Button Battery Lawsuit
• Defective Safety Auto Lawsuit
• ALCL Lawsuit

Wrongful Death 

Texas law allows the deceased person’s surviving spouse, children, and parents to be eligible to file a wrongful death lawsuit in the state’s civil court. In Texas, a wrongful death occurs when:

• An injury causes a person’s death 
• The deceased person would’ve been eligible to file a personal injury lawsuit had he or she lived; and
• The injury is caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.

The best way to think of a wrongful death lawsuit is to think of it as a personal injury claim in which the injured person is unable to bring the claim on his or her own behalf. 

What Does the Formula for a Personal Injury Settlement Look Like?

When determining an adequate amount of compensation for your injuries, unfortunately, the law doesn’t provide a specific method or formula to determine the amount you’re owed. There are a number of factors considered when determining the amount you are owed. As we mentioned previously, some of the factors that may be included in the damage formula include:

• Medical bills and related expenses
• Missed work time or other lost income
• Pain and other physical sufferings
• Loss of family, social, and educational experiences
• Permanent physical disability or disfigurement. 

All of the above are considered when determining adequate compensation. Remember, all cases are unique, and there is no set formula that fits all cases. 

The Types of Compensation in a Personal Injury Settlement

There are two forms of compensation in a personal injury claim- compensatory and punitive. Compensatory damages are related to the compensations an individual receives for the losses associated with their injuries. Punitive damages are typically rare and are used to punish the other individual for their negligence. The following are the types of compensations in personal injury settlements: 

Medical Expenses

Medical expenses are the reimbursement:

• Doctor visits
• Surgery
• Physical therapy
• Medications
• Necessary modifications needed in your home
• Assistive aids
• Travel expenses needed to obtain medical care

To have the best chance of reimbursement for these expenses, it is in your best interest to keep the receipts, bills, and any documentation. This will help your attorney have a better idea of the compensation amount you deserve. 

Property Damage or Loss

Under Texas law, you are entitled to recover either the repair cost of your vehicle for the fair market value of your vehicle before the accident minus the fair market value immediately after the accident. 

Lost Wages

If you were unable to work due to your injuries, you are entitled to your past and future wages for the time you took off. 

Pain and Suffering

Although you are entitled to be compensated for your medical expenses, those expenses don’t take into account the pain and suffering that your injury has caused you. As pain and suffering are subjective, there are factors that juries, judges, and others rely on to best determine the value o your pain and suffering, including:

• Type of injury 
• Type of medication prescribed
• Length of recovery 
• The permanence of the injury 

Funeral Expenses

In a wrongful death claim, the most common damages include:

• Funeral and burial expenses
• Emotional distress of surviving family and loved ones
• Cost of pre-death medical care
• Loss of financial contribution
• Loss of services and support 
• Loss of companionship and consortium 

How Long Does a Personal Injury Settlement Take?

As medical bills start piling up and if you’re forced to miss work due to your injuries, you may grow worried and wonder how long your personal injury settlement will take. Unfortunately, the hard truth is that a personal injury claim can be difficult and can take time.

Each case is different, meaning that your settlement amount will depend on your unique circumstances. In order to best help us out, you must gather evidence against the individual you believe is responsible for your accident. 

Some of the reasons why a settlement may be taking long are because:

• There are problematic legal or factual issues;
• The case involves a significant amount of money;
• You haven’t reached a point of maximum medical improvement

You may be able to settle your personal injury case quickly, but it is important to note that doing so typically means taking less money than expected. Here at The Carlson Law Firm, we will work tirelessly to get the compensation that you deserve.   

How can The Carlson Law Firm Help?

The Carlson Law Firm is a national personal injury law firm with 15 locations in Texas and one in Los Angeles. We are committed to providing exceptional legal services. Our firm handles a variety of personal injury cases, including wrongful death, auto collisions, trucking crashes, human trafficking, sexual assault and rape, motorcycle injuries and workplace injuries, as well as medical malpractice, defective products, dangerous drugs, nursing home neglect, offshore injuries, wrongful death and much more. 

Contact us today to schedule a free consultation to discuss what your legal rights are and get you the personal injury settlement you deserve. We care and we can help.