Legal Question in Personal Injury in Texas
What is a claim worth?
My wife and I was broadsided by someone who ran a stop sign, who then left the scene. Our car sustained $4100 damage. As a result I had shoulder surgery, 12 weeks of physical therapy, have not worked for 29 weeks and have lost my business. My uninsued insurance is cover this claim and they want to settle. How much is this claim worth? and Is my wife intitled to any compensation for her personal care given to me, sleepless night..etc?
1 Answer from Attorneys
Re: What is a claim worth?
Without reviewing your medical records and earnings history, it is not possible for someone to tell you how much your claim may be worth.
All that be said based on the information given by you is that you have several elements of damage that you are entitled to recover for: (1) past and future medical expense, (2) past and future pain and suffering, (3) past and future mental anguish, (4) past and future loss of earning capacity and (5) past and future physical impairment. Depending on the nature and degree of your injuries, you may also be entitled to other elements of damage.
Your spouse is also entitled to recover for (1) loss of household services and (2) loss of consortium -- meaning the affect the injuries have had on the enjoyment derived from the marriage relationship, both emotional and physical. Also, assuming your injuries required nursing care as established by your treating doctors, your spouse would be entitled to recover the reasonable value of these services.
Of course, the amount you are entitled to recover is capped by the limits of the Uninsured Motorist coverage you have on your auto policy.