The most serious personal injury claims stemming from auto accidents in Texas are typically for injuries that will last the remainder of the victim’s life. Permanent injuries are not unusual in the aftermath of a major collision, but the truth is that even seemingly minor accidents can result in whiplash and back injuries that might be permanent in nature.
The permanent nature of the injury can impact the value of a claim dramatically, and especially when it will require constant ongoing medical attention for the injured claimant. However, arriving at an equitable compensation amount can be challenging. There are effectively two methods in determining financial compensation for pain and suffering after motor vehicle accidents.
Per diem
This method is commonly used in motor vehicle accident claims, and it is basically reached by setting a dollar amount for each day of the victim’s life ongoing. While the amount of anguish is not necessarily applied in this manner, the number can increase with the severity of the injury. The most common approach is often using the claimant’s lost wages as a basis. There will be an inclusion of lost wages when they are applied in the primary economic compensatory damages, thus providing the court with a number to use as a daily base amount.
Multiplier method
The multiplier method is often easier to apply in motor vehicle accidents claims, even when it regards permanent injury. The multiplier number is usually determined by the seriousness of the injury and then used to multiply the total amount of “special” damages determined in the compensatory claim. These amounts are primarily comprised of all medical bills and lost future wages. This means that younger individuals who suffer permanent injuries could receive substantially more compensation than older victims unless older claimants are in a high-income bracket.
It is also important to note that the total amount of general damages for pain and suffering can be reduced based on any personal fault percentage applied to the claimant. If the liable party has only basic state-required liability insurance protection, they might be pursued for damages beyond insurance coverage.