Personal injury damages in Texas fall into two categories:
Personal injury settlements in Texas are usually based on adding up the damages you have suffered and then applying a multiplier. This can be anything from 1.5 to five depending on the level of pain and suffering endured as a result of the injuries (or, sometimes, depending on the actions of the employer after a workplace accident injury).
The costs of surgery in Texas are almost universally high, though they vary greatly from procedure to procedure.
You don’t need to concern yourself with these costs with a workers’ compensation claim but with a lawsuit, surgery is likely to substantially affect the overall payout.
All but the most basic surgical procedures cost tens of thousands of dollars in Texas when we factor in the expertise required, the preparation, potential complications, the costs of recovery/follow-up and so on.
Most surgical procedures not only add to the general damages component but also the pain and suffering caused during the after-accident period. This means that it can increase the “multiplier” used to calculate the final settlement amount of a lawsuit, adding significantly to the overall value of a compensation case.
A long recovery from surgery, which is normal in the case of procedures for serious injuries, also adds to the value of a case because it will mean more time off work, a higher amount of lost wages, and more follow-up visits for medical assessment.
Ultimately, surgery is likely to increase the compensation received from a personal injury lawsuit but the decision on whether to proceed with surgery should be a strictly medical one.
Note that most personal injury cases settle out of court for less than the full value. A good personal injury lawyer will push for the best possible outcome and, sometimes, in the interests of avoiding the delays and stress associated with a trial, this means it’s best to accept a slightly lower payout.
It’s important to speak to a qualified personal injury lawyer so that you understand the true value of your case before considering any settlement.
If you’ve suffered a workplace injury in the Houston area and your employer does not subscribe to workers’ compensation, Ryan De Hoyos can help. He is a skilled litigator and negotiator and will not rest until you claim the maximum possible damages.
Contact the DeHoyos Law Firm, PLLC today for a free consultation to evaluate your personal injury case.