North Austin: 11442 N Interstate Hwy 35, Austin, TX 78753

South Austin: 2512 South IH 35, Suite 250, Austin TX 78704

North Austin: 11442 N Interstate Hwy 35, Austin, TX 78753

South Austin: 2512 South IH 35, Suite 250, Austin TX 78704

Abogado Dang

Loc Dang 31 Dec 2024

How to Calculate the Value of a Compensation in Texas Without Failing

After an accident, the questions quickly arise: How will medical expenses be covered? Who will pay for lost time at work? Knowing how to calculate the value of a compensation claim is essential to meeting these challenges.

Statistics underscore the magnitude of this problem. According to the Texas Department of Transportation, 15,303 crashes with serious injuries were recorded in the state, in 2022 , with 18,885 people seriously injured.

This equates to one reportable accident every 57 seconds and one injured person every 2 minutes and 9 seconds. These figures not only highlight the urgency of preventing accidents, but also the importance of being prepared and informed to act correctly if one does occur.

In situations like these, claiming fair compensation can make the difference between recovering peacefully or facing a prolonged economic crisis.

However, many people are unaware of their rights or the steps necessary to secure adequate compensation to cover medical expenses, lost wages, and other damages related to the accident.

In this blog, the team at Attorney Dang – Accident Lawyer, breaks down each step so you can make informed decisions and ensure you receive adequate compensation.

What is the leading cause of car accidents in Texas?

The leading cause of car accidents in Texas is speeding (138,927 accidents in 2023, of which 23,558 resulted in possible injuries), followed by distracted driving (89,529 accidents in 2023, of which 12,299 resulted in possible injuries).

In addition to speeding and distracted driving, there are other factors that contribute significantly to car accidents in Texas:

  • Driving under the influence of alcohol or drugs: Drivers under the influence cause 25% of deaths.
  • Failure to yield: Actions such as failing to yield when turning left or at stop signs are common causes of collisions.
  • Unsafe lane changes: Performing lane changing maneuvers without due caution increases the risk of accidents.
  • Following too closely: Maintaining insufficient distance from the vehicle in front can result in rear-end collisions.
  • Disobeying traffic signs: Ignoring stop signs or red lights contributes to numerous accidents in the state.

For these reasons, it is critical that drivers in Texas be aware of these factors and adopt safe driving practices to reduce the incidence of accidents on the roads.

Which city in Texas has the most car accidents?

The city with the most car accidents in Texas in 2023 was Houston, with more than twice as many accidents as Dallas and accounting for nearly 16% of all accidents in the state. Houston recorded more than 67,000 accidents, resulting in more than 22,000 possible injuries.

This figure reflects the high traffic density, accelerated urban growth and infrastructure challenges facing the city.

San Antonio is in second place, with just over 40,000 accidents. As one of the largest cities in the state, San Antonio has a high traffic flow that contributes to the increase in accidents on its roads and urban areas.

Dallas, meanwhile, ranks third, with 31,678 accidents reported in the same year. Dallas is known for its large highways and the high speeds at which drivers travel, which increases the likelihood of collisions.

The following cities complete the list of those most affected by accidents in Texas:

  • El Paso: Recorded 15,900 accidents, a considerable number considering its lower population density compared to Houston or Dallas.
  • Fort Worth: Reported about 13,400 accidents, ranking fifth.
  • Austin: With 12,100 accidents, Austin closes the list of the main cities affected by car accidents.

Additional data on accidents in Texas

Texas leads the nation in car accident statistics due to a combination of factors such as high population, a large road network and risky driver behavior.

Below are some relevant data that help to better understand the magnitude of the problem:

  • Accident deaths: Texas recorded 4,489 deaths in car accidents in 2021, the highest number in the country.
  • Accidents in urban areas: Approximately 70% of accidents occur in urban areas, with Houston, Dallas and San Antonio being the most affected.
  • Interstate Accidents: Texas highways and roads, such as I-10 and I-35, report a high rate of collisions, primarily due to speeding and distracted driving.
  • Drunk Driving: In Texas, 25% of crash deaths are alcohol-related, underscoring the need for safer driving practices.

Why does Houston have so many accidents?

Houston, as the largest city in Texas and the fourth largest in the United States, has a combination of factors that contribute to its high accident rate:

  • Traffic Density: With more than 2 million residents and a heavy flow of vehicles daily, Houston’s roads are often congested.
  • Accelerated urban growth: The constant development of new residential and commercial areas has increased traffic in the city.
  • Bad driving practices: Speeding, distracted driving and disregard for traffic signs are common causes of collisions.
  • Weather Conditions: Heavy rain and severe weather, common in Houston, reduce visibility and increase the risk of road accidents.

The impact of accidents on communities

Car accidents pose a threat to the safety of drivers, while generating a significant impact on communities:

  • High medical expenses: Injuries resulting from an accident can result in considerable medical costs, especially if they require hospitalization or prolonged treatment.
  • Lost Income: Many victims lose days of work or even their jobs due to their injuries.
  • Emotional stress: Accidents generate anxiety and emotional trauma that affect the quality of life of the people involved.
  • Property damage: Repairing damaged vehicles and property represents another significant expense for drivers and their families.

Staying informed and adopting safe driving practices is critical to reducing these numbers and protecting the safety of all road users.

What is compensation and why is it important to calculate it correctly?

Compensation is a monetary compensation awarded to repair the damages suffered by a person as a result of an accident or incident for which the other party is legally responsible. These damages may include:

  • Medical expenses, both current and future.
  • Loss of income due to temporary or permanent disability.
  • Pain and suffering, including emotional distress.
  • Property damage, such as repairs to a vehicle or personal property.

Determining the correct amount of compensation is essential to ensure that the victim receives the necessary resources to cover their needs and overcome the damages caused.

Factors affecting compensation

The amount of compensation is influenced by various factors. The most relevant ones are listed below:

1. The severity of the injuries

More serious injuries, such as complex fractures or permanent disabilities, often warrant higher compensation amounts compared to lesser injuries, such as bruises or sprains.

2. Medical costs

Medical expenses are one of the pillars in the calculation of compensation. These include:

  • Medical consultations.
  • Specialized treatments.
  • Rehabilitation therapies.
  • Necessary medications.

It is essential to have all the medical and financial documentation that supports these costs.

3. Impact on work capacity

DLG
Accident lawyer who protects the rights of victims

If you have suffered injuries, call Attorney Dang to give the insurance companies a Bang!

Free consultation
DLG

When the accident affects a person’s ability to work temporarily or permanently, compensation may be claimed for loss of past and future earnings.

4. Pain and suffering

Physical pain and emotional suffering are subjective elements, but they are also considered when determining the amount of compensation. Factors such as the impact on the victim’s quality of life play an important role in this assessment.

5. Shared guilt

Texas uses the modified comparative negligencerule , which means that if the victim is partially at fault for the accident, their compensation is reduced proportionally. For example, if you are found to be 20% responsible, you will only receive 80% of the total amount.

Guide to calculating compensation in Texas

To calculate compensation in Texas, it is crucial to have a solid strategy that considers both economic and non-economic damages. Although each case is unique and not all compensation can be calculated equally, here are some general steps:

1. Document all damages

Before calculating any amount, it is essential to collect and organize all evidence related to the case, such as:

  • Photographs of the accident site.
  • Medical records.
  • Invoices and expense receipts.
  • Witness testimonies.

2. Classify the damages

In a claim for compensation, damages are generally divided into two categories:

  • Economic damages: These represent tangible costs, such as medical bills and lost income.
  • Non-economic damages: These include pain and suffering, as well as loss of enjoyment of life.

3. Apply basic formulas

To calculate non-economic damages, it is common to use a multiplier that ranges from 1.5 to 5, depending on the severity of the injuries.

Practical example:

  • Medical expenses: $10,000.
  • Lost income: $5,000.
  • Multiplying factor: 3 (due to the severity of the injuries).

Calculation:

Economic damages ($10,000 + $5,000) x 3 = $45,000 as estimated compensation.

4. Use tools to calculate compensation

There are currently online platforms that offer rough estimates of the value of compensation. However, these tools are no substitute for professional advice from a specialist lawyer.

Tools for calculating compensation

There are online tools that allow you to obtain an initial estimate of the value of a compensation. Some notable options are:

  1. Nolo.com: This platform offers a calculator that considers both economic and non-economic damages.
  2. Alllaw.com: Provides detailed estimates and guidance on how to file a claim.
  3. Mobile Apps: There are apps designed to provide quick and easy-to-use calculations.

Although useful, these tools are approximations and should not be considered definitive.

Common mistakes when calculating personal injury compensation

When calculating compensation, it is essential to avoid errors that can reduce the final amount. Some of the most common ones are:

  1. Not considering all the damages
    It is important to include all related expenses, including those that may arise in the future, such as long-term rehabilitation.
  2. Accept the insurer’s first offer
    Insurance companies often offer low amounts initially, seeking to resolve cases quickly.
  3. Not having legal advice
    A specialized lawyer can identify all the elements that should be included in the calculation and negotiate more effectively with the insurer or in court.

What should a person do if they need to calculate compensation in Texas?

  1. Consult with a specialized lawyer: This is the first step to protect the rights of the victim.
  2. Document all damages: Solid evidence is essential to support any claim.
  3. Be patient: Processing a claim can take time, but patience often results in fairer compensation.

Remember that having the right legal advice in case of accidents is key to maximizing your compensation.

Why hire a lawyer to determine the value of compensation?

Having the support of an experienced Texas attorney instead of going through this situation alone can make all the difference in the outcome of a case. An attorney can:

  • Make an accurate assessment of the value of the case.
  • Handle negotiations with insurance companies.
  • Represent the client in case it is necessary to go to trial.

In addition, a professional will ensure that all relevant factors are considered, and will seek to prevent the victim from accepting amounts less than what they are entitled to.

Trust Attorney Dang: Your best ally to obtain the compensation you deserve

Determining how to calculate the value of a settlement can be challenging, but with the right tools and the support of a professional, it is possible to obtain fair compensation.

We know that your case is unique, so it is essential to have an ally who can help you avoid mistakes and maximize benefits.

If you want personalized advice or help on how to calculate the value of compensation, the team at Attorney Dang – Accident Lawyer is ready to provide you with the support you need. Contact us now and protect your rights.

If you found this article interesting, you can also read:

Loc Dang

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.

CONTACT US

Where are we?

North Austin: 11442 N Interstate Hwy 35, Austin, TX 78753.
South Austin: 2512 South IH 35, Suite 250, Austin TX 78704

You can contact us 24 hours a day if you have been in an accident and need legal help to fight for the maximum compensation you are legally entitled to. If you fill out this form , someone from our team will contact you.

North Austin: 11442 N Interstate Hwy 35, Austin, TX 78753
South Austin: 2512 South IH 35, Suite 250, Austin TX 78704

Dang Law Firm Map 9 to 5pm

Dang Law Firm Map 512-973-8997