A Guide for Injury Victims in Texas, Colorado, and New Mexico
When you’ve been injured in an accident, one of the first questions you might ask is: How much is my personal injury claim worth? The answer depends on several factors, including the severity of your injuries, financial losses, and the impact on your daily life. At Mane Injury Lawyer, we help clients throughout Texas, Colorado, and New Mexico maximize their compensation by evaluating all damages—both economic and non-economic.
In this guide, we’ll break down the key factors that determine the value of a personal injury claim and how you can ensure you receive the full compensation you deserve.
Key Factors That Determine Personal Injury Compensation
Medical Expenses
Medical bills often make up the largest portion of a personal injury settlement. This includes:
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- Emergency room visits
- Hospital stays
- Surgeries and medical procedures
- Physical therapy and rehabilitation
- Prescription medications
- Future medical costs for ongoing treatment
High-Quality Advocacy Tip: You don’t always have to tie your claims to medical expenses. Some cases allow for greater compensation if you forego medical expense claims and instead focus on pain, suffering, and other damages. Consult with us to explore whether this approach could help you maximize your recovery.
Pro Tip: Keep all medical records and receipts to support your claim, but also discuss alternative recovery options with your attorney.
Lost Wages and Reduced Earning Capacity
If your injuries prevent you from working, you may be entitled to compensation for:
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- Lost income from missed workdays
- Future lost wages if you can’t return to the same job
- Loss of earning capacity if your ability to work has been permanently affected
Example: If a construction worker suffers a spinal injury that prevents them from doing physical labor, their compensation should reflect a lifetime of lost earnings.
Pain and Suffering
Not all damages are financial. Pain and suffering compensation covers:
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- Physical pain from injuries
- Emotional distress, such as anxiety or PTSD
- Loss of enjoyment of life
- Scarring or disfigurement
Insurance companies use multiplier methods to calculate pain and suffering. A higher multiplier (3x-5x your medical costs) is often used for severe injuries. Your settlement is not always limited to this analysis, but it’s useful to know that’s how they’ll look at it.
High-Quality Advocacy Tip: If your medical costs are low but your pain and suffering are significant, your claim can still be substantial. Contact our legal team to explore if foregoing a medical expense claim could work in your favor.
Property Damage
If your accident involved a vehicle, bicycle, or personal property, repair or replacement costs are factored into your claim.
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- Car repair/replacement costs
- Personal items damaged in the accident (phone, clothing, etc.)
Liability & Comparative Negligence
Different states have different laws regarding fault and compensation deductions in personal injury claims. Here’s how the states we serve—Texas, Colorado, and New Mexico—handle comparative negligence:
Texas:
Texas follows a modified comparative negligence rule with a 51% bar—meaning:
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- You can still recover compensation if you are less than 51% at fault.
- However, your settlement is reduced by your percentage of fault.
Example: If your total damages are $100,000, but you are 20% at fault, your final compensation would be $80,000.
Colorado:
Colorado also uses a modified comparative negligence rule but with a 50% bar:
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- If you are 50% or more at fault, you cannot recover compensation.
- If you are 49% or less at fault, your compensation is reduced by your percentage of fault.
Example: If your total damages are $100,000, but you are found 30% at fault, you would receive $70,000.
New Mexico:
New Mexico follows pure comparative negligence, meaning:
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- You can recover compensation even if you are 99% at fault.
- However, your payout is reduced by your percentage of fault.
Example: If your damages are $100,000, but you are 60% at fault, you can still recover $40,000.
Understanding these differences is key to maximizing your compensation. Consult with us to determine how negligence laws apply to your case.
Maximizing Your Personal Injury Settlement
Follow these steps to get the highest possible compensation:
- Seek Medical Treatment Immediately – Delays can reduce your claim’s value.
- Document Everything – Keep records of bills, lost wages, and accident reports.
- Avoid Speaking to Insurance Adjusters Without a Lawyer – They aim to minimize payouts.
- Hire a Personal Injury Lawyer – An attorney ensures you don’t settle for less than you deserve.
We fight aggressively to secure the maximum compensation for our clients.
Get a Free Case Evaluation Today
Every injury case is unique. The best way to determine how much your claim is worth is to speak with a legal expert. At Mane Injury Lawyer, we work on a contingency fee basis, meaning you pay nothing unless we win your case. Don’t let the insurance company decide your future—get the compensation you deserve today!