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Undoubtedly, you have heard of the stigma attached with soft tissue damages and trials. Many people believe that those who sue for soft tissue damages that arise out of a car accident are only trying to make a quick buck and they are not really injured. Not until they experience the real effects of a whiplash injury or low back pain from minor to moderate car accident do most people tend to sympathize with an injured claimant. Insurance companies definitely do not have empathy for a soft tissue plaintiff. They only want to get out of the claim while paying as little as possible. Fair compensation is not in their vocabulary. That is why it is necessary at times to file a lawsuit against the responsible party to force a fair and just settlement of the claim.

When at trial, we believe most jurors want to be fair and just. They want to ensure that the responsible party pays for their negligence but at the same time they do not want the plaintiff to take advantage of the situation to get more than they deserve just because they filed a lawsuit. This is a balancing act that is played out in courts across Texas. The problem remains to this date, how to balance one’s duty as a juror to fairly compensate the injured victim in the case while not awarding too much.

Our office has always used simple formula to calculate what we believe is a fair settlement of any soft tissue or minor collision accident. We take all the actual damages accrued, for example, medical bills, out of pocket expenses, and lost wages and multiply that total by three for pain and suffering. For example, if the medical expenses and lost wages totaled $5,000.00, we would ask for $15,000.00 in any demand we submit to the insurance company for pre-suit settlement. At trial, we would expect and be satisfied with the same amount because it is a fair amount and customary throughout the courts in Texas. Of course, it is better to settle prior to trial because anytime a case is filed, the costs to litigate all the way to trial can be great and those costs come out of the bottom line amount for the injured plaintiff.

Speaking of costs and net settlements, out of any trial award, the breakdown usually goes as follows. In Texas, the medical provider or health care insurance company is paid first. The lawyer is paid his contingency fee next. Any costs associated with the case is repaid third. Finally, the claimant is paid any remaining amount. Unfortunately, sometimes the payment may be minimal, nothing at all, or leave the claimant still in debt for unpaid medical expenses. For these unpredictable reasons, we encourage and strive to settle a case before trial so the injured person can receive the most compensation for his/her personal injuries. After all, they suffered the most. However, when they use the services or a lawyer on a contingency basis or are provided health care services, those individuals must be compensated because they are a benefit to the claimant. The claimant does receive the benefit of medical care and treatment and legal services. No one is expected to work for the injured person for free. The attorney for example, risks not being compensated for time and expenses if he/she does not recover for the plaintiff and the medical care provider risks losing time, labor, and costs to depend on the settlement of a case. Therefore, a plaintiff must understand the value in the services he/she receives when an accident is litigated.

To discuss the ins and outs of your personal injury case, please contact our office as follows: