Are you an accident victim that has had to seek medical treatment for your injury? Our experienced personal injury attorney can help you to get cash for your injuries. At the Law Office of Beverly R. Caruthers, we work with individuals who have become injured due to reckless or careless actions of another person. We walk you through your personal injury claim and help you to get a personal injury settlement to cover the expense of your medical bills, lost wages, property damage, and much more.
The Defendant’s Assets. If a defendant simply doesn’t have the means to pay a settlement, either through his or her own funds or through an insurance company, then a high settlement isn’t possible, regardless of the facts of the case.
If a defendant loses at trial, the court can sell the defendant’s assets or garnish their wages, but if there isn’t much to sell or garnish, there is no way to make the defendant come up with the money (here’s where the old “you can’t get blood from a stone” adage comes into play). A plaintiff needs to consider just how much a defendant is worth and/or the policy limits of any applicable insurance, when accepting or rejecting a settlement offer. Learn more about collecting a settlement or judgment in a personal injury case.
The Plaintiff’s Losses (“Damages”). The claimant’s damages in a personal injury case include all medical expenses, lost income and other concrete financial losses caused by the defendant, as well as compensation for the plaintiff’s pain and suffering. If a defendant has acted intentionally or with gross negligence, punitive damages may also be available.
Depending on the facts of the case, concrete damages like medical expenses might be low, but the plaintiff’s potential recovery for pain and suffering might be quite high. Both sides will likely have a similar idea of what the range of concrete damages could be at trial, although items like future medical expenses could be contentious.
Researching the outcome of similar cases can give the parties an idea of the broad range of possible verdicts. But the jury is permitted to award physical and emotional pain and suffering damages based on its own assessment of what would “make the plaintiff whole,” so prior awards in similar cases may not help much.
Punitive damages are designed to punish the defendant, therefore the richer the defendant, the higher the potential punitive damages. If the defendant is a large corporation, or other very wealthy entity, and the plaintiff has evidence of serious wrongdoing, the defendant may offer to pay a bigger settlement to avoid the risk of having to pay punitive damages after losing at trial.
Liability. The final factor is just how strong the plaintiff’s case is against the defendant, i.e. whether the defendant is liable.
Although potential damages might be high, there may be little or no evidence that the defendant’s wrongdoing actually caused the plaintiff’s damages. Unless the case is fairly clear-cut one way or the other when it comes to who was at fault, neither side will be entirely confident that they can win the case at trial. As depositions are taken and evidence is gathered, a clearer picture may emerge of what the likely outcome will be in terms of a liability finding.
Get cash for your injuries when you work with our legal team. We have got the tools to help you get the best results in your case.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
Personal Injury Lawyer in Houston, Texas
If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!