
Getting into an accident can flip your whole life upside down. It’s not just the broken bones or the whiplash—it’s the stack of medical bills that won’t stop growing, the paycheck you missed, and the stress that keeps you awake at night.
All of that adds up, and honestly, it can feel like too much to deal with. That’s why knowing how damages are figured out in a personal injury claim is such a big deal.
Now, San Antonio isn’t exactly a sleepy town. It’s packed with culture, history, and traffic that never seems to let up.
With that many people on the roads, accidents are just… part of life, unfortunately. And when they happen, understanding how the law protects you is the first real step toward getting back on your feet.
If you’ve been hurt, having the right lawyer by your side can change everything. A trusted personal injury attorney serving San Antonio knows how to gather the right paperwork.
They are the ones who can talk to the right experts and push back when the insurance company plays hardball. Basically, they’re the person fighting to make sure you don’t get shortchanged.
So, how can they help you when it comes to calculating personal injury damages?
In today’s blog, I will talk about how a PI lawyer can help you calculate your damages while you seek compensation. Additionally, I will also explain some of the things that affect your damage amount. Therefore, keep on reading till the end…
How A Lawyer Helps In Calculating Personal Injury Damages?
Here are some of the ways in which a PI lawyer can help you when it comes to calculating personal injury damages:
1. Reviewing Your Economic Damages
First things first—your lawyer starts with the obvious stuff, the costs you can prove with paperwork.
Think medical bills, the money you lost from missing work, fixing or replacing your car, rehab costs, that sort of thing.
They’ll go through your receipts, pay stubs, doctor reports—every little scrap that shows what this accident has actually cost you.
Texas law (Civil Practice and Remedies Code §41.001) says these “economic damages” are supposed to make you whole again. That includes not just what you’ve already paid, but also what you’ll need down the road if your recovery drags out.
2. Estimating Future Losses
Here’s where things get tricky. What if your injury isn’t going away anytime soon? Your lawyer has to think ahead. Future surgeries? Long-term physical therapy? Maybe you can’t put in the same hours at work—or worse, can’t go back to your old job at all.
To nail this down, attorneys usually bring in medical pros or job experts who can estimate what your recovery is going to look like and how much it’ll cost. It’s not guesswork—they need solid numbers to show a judge or insurance adjuster.
3. Calculating Non-Economic Damages
Then there’s the part you can’t stick a receipt on: the pain, the stress, the fact that your favorite hobbies might not feel the same anymore. In Texas, there isn’t a neat formula written in stone for this, but lawyers often lean on two common methods:
- Multiplier method: They take your economic damages and multiply them by a number (1.5, 3, sometimes 5) depending on how serious your injury is.
- Per diem method: This one assigns a daily dollar value to your suffering and then multiplies it by the number of days you’ve been impacted.
Quick note: Texas does cap these damages in medical malpractice cases (§74.301), but for most personal injury claims, there’s more wiggle room.
4. Considering Comparative Fault
Texas follows what’s called a “modified comparative fault” system (§33.001). Sounds fancy, but here’s the gist: if you’re 51% or more responsible for the accident, you don’t get anything. If you’re under that—say 20% at fault—your payout just gets reduced by that percentage.
So, if you’re owed $100,000 but were 20% to blame, you’d walk away with $80,000. Harsh? Maybe. But it’s how the system works.
5. Accounting For Special Factors
Every case has quirks. Maybe the evidence is super clear—like a dashcam video showing the other driver running a red light. Or maybe it’s messy and comes down to witness testimony.
Other things matter too, like how much insurance coverage the defendant has, or whether there are multiple people who could be held responsible. And of course, certain cases (like medical malpractice) come with special rules and limits.
6. Negotiating with Insurers
Once your lawyer has run all the numbers, they don’t just walk into court and slam them on the desk. Usually, it starts with presenting those calculations to the insurance company.
Here’s the catch: insurers almost always start with a lowball offer. That’s where your lawyer’s persistence kicks in.
They’ll go back and forth, pointing to evidence, pushing back on nonsense excuses, and—if the insurer won’t budge—taking the whole thing to trial.
Recap: Key Points to Remember
Some of the important points that you need to remember about calculating personal injury damages include:
• Economic damages: The stuff you can count, like hospital bills or lost wages.
• Future losses: The costs that don’t stop once the case is over, like ongoing care or lost income.
• Non-economic damages: The human side of it: pain, stress, missed opportunities.
• Comparative fault: You’ve got to be under 51% at fault to collect damages.
• Negotiation: Insurance companies rarely hand over full value without a fight.
What Factors Affect The Compensation Amount?
Calculating damages isn’t just math—it’s strategy, paperwork, and persistence. With the right lawyer pushing for you, the chances of walking away with a fair outcome go way up.
However, there are a few things that influence the amount that you get. Some of the most common factors include:
- The severity of injury.
- Medical expenses.
- Lost wages.
- Impact on the quality of life.
- Liability and fault.
- Pre-existing conditions.
- Documentation and evidence.
- Legal representation.
If you wanted to know what the ways a lawyer can help you when it comes to calculating personal injury damages, I hope that this blog has been of help to you.
In case there are any other questions related to the same, please feel free to let me know in the comment box below!
Read Also:
- The Importance of Documenting Pain and Suffering in Personal Injury Claims
- How to Talk to A Personal Injury Lawyer After An Accident?
- Weighing the Value of a Personal Injury Claim
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