Most people, in our experience, simply want fair payment to cover injuries from an auto accident. They don't intend to get rich or acquire something for nothing. However, what is the definition of "fair compensation?"

There is no formula for determining the amount of money you recover. Many different factors are taken into account, whether by your attorney and the insurance company in negotiations or by a jury in court, in determining the right level of payment. These factors include severity of the accident, severity of injuries, impact of the injuries on the victim's ability to work and everyday life, and extent of hospital treatment, just to name a few. Aggravating elements such as drunk driving can both speed up settlement and affect the settlement amount.

Fair compensation certainly entails more than just reimbursement for your medical expenses. Under Texas law, a personal injury victim may recover payment for--

* Costs of medical treatment already incurred, * Medical expenses yet to be incurred, * Lost wages, * Reduced of earning capacity, * Physical pain, * Mental or emotional suffering, * Physical impairment, * Property damage, and * Other miscellaneous losses.

In some cases, the injured individual's family members could be entitled to payment, depending on how severe the injuries are and their dependence on the injured person.

You are entitled to payment for medical costs even if those costs already have been disbursed by a health insurance plan. This also holds true for lost wages, regardless of whether you take sick days or receive worker's compensation benefits.

This, however, is not considered a windfall or double recovery. First, under a principle called as "subrogation" your health insurance plan (based on documentation) and your company's workers' compensation carrier (under Texas law) may be entitled to reimbursement from your recovery for what they initially paid out. Therefore, in order to be sufficiently compensated you must receive maximum recovery from car insurance in the event your health insurance company or workers' compensation carrier makes a subrogation claim against your recovery.

Second, if the at-fault driver's insurance company reduces your injury compensation just because you have paid for health insurance, or paid increased car insurance premiums for "PIP" coverage (Personal Injury Protection), or have accumulated sick days or paid vacation, the adverse insurance company is taking complete advantage of the fact that you are a responsible person and hard worker. If your sick days are completely spent because of harm incurrend from the car accident, those days will not be available if you have any future health problems. If you sacrifice to get extra insurance, the at-fault driver's insurance company should not take advantage of your sacrifice.

In the end, you obtain a greater amount of payment with good legal representation than you would by going it alone. In fact, we believe that in the end you keep more dollars with a personal injury lawyer, even after attorney fees and expenses are deducted, than you normally could get on your own without an attorney. Until you obtain a trial attorney, the insurance company is not likely to provide fair compensation because the insurer knows that you won't be prepared to take your case to court.

About the Author

Justin Demerath, a personal injury lawyer in Austin, Texas, has dedicated his law practice to helping people who have suffered damages at the hands of others, in the state of Texas, recover monetary compensation. For more information, please visit: http://www.txinjurylawfirm.com/PracticeAreas/Car-Accidents.asp