"How much is my case worth?" is the most common question we hear from injury victims. The honest answer: it depends. No two personal injury cases are identical, and many factors influence what your claim may ultimately be worth.
What we can tell you is that the value of your case is typically based on your actual damages—medical expenses, lost income, pain and suffering, and more. Understanding how cases are valued empowers you to recognize whether a settlement offer is fair and helps you avoid leaving money on the table.
This guide explains the factors that determine case value, typical settlement ranges, and why getting a professional evaluation from an experienced Austin personal injury lawyer is crucial.
Factors That Determine Case Value
Severity of Injuries
This is often the single biggest factor. Cases involving catastrophic, permanent, or life-altering injuries are worth significantly more than cases involving minor, temporary injuries. Key considerations include:
- Type of injury (soft tissue vs. broken bones vs. traumatic brain injury)
- Whether the injury is permanent or will heal completely
- How the injury affects your daily life and activities
- Whether you'll need future medical care
Medical Expenses
Your medical bills form the foundation of your economic damages:
- Past medical expenses: Emergency room, hospital stays, surgeries, doctor visits, physical therapy, medications
- Future treatment needs: Projected costs for ongoing care, follow-up surgeries, or long-term rehabilitation
- Rehabilitation costs: Physical therapy, occupational therapy, cognitive therapy
Lost Income
Compensation for wage losses can be substantial, especially if your injuries affect your ability to work long-term:
- Wages already lost due to time off work
- Future earning capacity if you can't return to your previous job
- Career impact—promotions, opportunities, and professional growth lost
Liability Clarity
Cases with clear-cut liability are typically worth more than cases where fault is disputed:
- When the defendant is obviously at fault, insurance companies are more likely to offer fair settlements
- Disputed liability cases may require trial, adding risk and expense
- Texas's comparative negligence rules mean your recovery is reduced by your percentage of fault
Available Insurance Coverage
Unfortunately, you can't collect more than the available insurance coverage (without pursuing the defendant's personal assets, which is often impractical):
- The at-fault driver's policy limits
- Your own underinsured/uninsured motorist coverage
- Other potentially liable parties with insurance
Non-Economic Damages
These "intangible" damages are often the largest part of a settlement:
- Pain and suffering (physical and emotional)
- Emotional distress, anxiety, PTSD
- Loss of enjoyment of life
- Loss of consortium (impact on family relationships)
Learn more about types of damages in Texas personal injury cases.
Types of Damages You Can Recover
Economic Damages (Calculable)
These are your out-of-pocket losses that can be documented with bills and receipts:
- Medical bills (past and future)
- Lost wages and benefits
- Lost earning capacity
- Property damage (vehicle repairs or replacement)
- Out-of-pocket expenses (transportation to appointments, home modifications, etc.)
Non-Economic Damages (Subjective)
These damages don't have a receipt but are equally real:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of consortium (impact on spouse/family relationships)
- Disfigurement and scarring
- Disability and loss of bodily function
- Loss of enjoyment of life
Punitive Damages (Rare)
In cases involving gross negligence or intentional misconduct, Texas law allows punitive damages to punish the defendant. These are rare and capped under Texas law, but they can significantly increase case value in egregious situations like drunk driving accidents.
How Insurance Companies Value Claims
Understanding how insurers calculate settlement offers helps you recognize whether an offer is fair:
The Multiplier Method
Many insurers start by adding up your medical expenses and multiplying by a factor (typically 1.5 to 5) to account for pain and suffering. The multiplier increases with injury severity:
- Minor injuries: 1.5 to 2x medical expenses
- Moderate injuries: 2 to 3x medical expenses
- Serious injuries: 3 to 5x medical expenses
- Catastrophic injuries: Higher multipliers may apply
Lost wages are then added to the calculation.
The Per Diem Method
Some adjusters assign a daily dollar amount for your pain and suffering, then multiply by the number of days you were affected. For example, $100/day × 180 recovery days = $18,000 in pain and suffering.
Computer Valuation Programs
Many insurance companies use software programs like Colossus to generate settlement values. These programs are designed to minimize payouts and often undervalue claims by ignoring nuances in your case. This is one reason why having an experienced attorney who understands these systems is so important.
Average Settlement Ranges by Injury Type
Important: These ranges are general estimates only. Every case is unique, and your case may be worth more or less depending on specific circumstances.
Minor Injuries (Soft Tissue)
Injuries like whiplash, muscle strains, and sprains that heal within weeks or months.
- Typical range: $10,000 – $25,000
- Value increases if treatment was extensive or symptoms persisted
Moderate Injuries
Fractures, herniated discs, torn ligaments, and injuries requiring surgery or extended treatment.
- Typical range: $25,000 – $100,000
- Surgery significantly increases value
- Long-term effects (chronic pain, limited mobility) also increase value
Serious Injuries
Traumatic brain injuries, spinal cord damage (without paralysis), multiple fractures, severe burns.
- Typical range: $100,000 – $500,000+
- Future medical care needs significantly impact value
- Impact on earning capacity is major factor
Catastrophic Injuries
Paralysis, amputation, severe brain damage, permanent disability.
- Typical range: $500,000 – $10,000,000+
- Lifetime medical care costs factored in
- Lost earning capacity over entire working life
- These cases often require life care planners and economic experts
Wrongful Death
Value is highly variable and depends on many factors including the deceased's age, income, dependents, and circumstances of death.
- Younger victims with high earning potential: Higher values
- Families with dependent children: Higher values
- Egregious defendant conduct: May support punitive damages
Learn more from our wrongful death lawyers.
What Increases Case Value
Clear Liability
When the defendant's fault is obvious and well-documented, insurance companies know they face a losing battle at trial. This leverage typically results in higher settlement offers.
Significant Medical Treatment
Extensive, consistent medical treatment demonstrates the seriousness of your injuries. Cases involving surgery, hospitalization, and ongoing rehabilitation typically settle for more.
Permanent Effects
Injuries that leave lasting impairment—chronic pain, reduced mobility, permanent scarring, or ongoing limitations—substantially increase case value because they affect your quality of life forever.
Strong Evidence
Photographs, videos, witness statements, police reports, and expert testimony all strengthen your case and increase its value.
Experienced Attorney Representation
Studies consistently show that accident victims represented by attorneys recover significantly more than those who negotiate on their own—even after attorney fees. An experienced lawyer knows how to properly document damages, negotiate effectively, and prepare for trial if needed.
What Decreases Case Value
Pre-Existing Conditions
Insurance companies will scrutinize your medical history looking for prior injuries they can blame for your current condition. However, the "eggshell plaintiff" rule means defendants must take victims as they find them—if a pre-existing condition was worsened by the accident, you can still recover.
Gaps in Treatment
If you stopped treatment for weeks or months, insurers argue your injuries must not have been serious. Follow all medical recommendations and maintain consistent treatment.
Social Media Activity
Posts showing physical activity, travel, or a happy demeanor can be used to argue you weren't really hurt. Don't post about your accident, injuries, or activities online.
Comparative Negligence
If you were partially at fault for the accident, your recovery is reduced by your percentage of fault. In Texas, if you're more than 50% at fault, you recover nothing.
Low Insurance Limits
Even if your case is worth $500,000, you may only recover $30,000 if that's the defendant's policy limit. An attorney can help identify all potential sources of compensation.
Why You Shouldn't Rely on Online Calculators
Every Case is Unique
Online "settlement calculators" can't account for the specific facts of your case—the severity of your injuries, the clarity of liability, the jurisdiction's jury verdicts, or the defendant's insurance coverage.
They Often Undervalue Claims
Many online calculators use simplified formulas similar to what insurance companies use—formulas designed to minimize payouts, not maximize your recovery.
Insurance Companies Use Them Against You
If you mention a number from an online calculator to an insurance adjuster, you may inadvertently anchor the negotiation at a lower value than your case deserves.
Getting an Accurate Case Valuation
Free Consultation with an Attorney
The most reliable way to understand what your case is worth is through a professional evaluation by an experienced personal injury attorney. At The Juris Firm, we provide free, no-obligation consultations where we:
- Review all the facts of your accident
- Assess the strength of your liability claim
- Evaluate your injuries and their long-term impact
- Identify all available insurance coverage
- Provide an honest assessment of your case's value
What We Consider
Our evaluation considers factors that online calculators simply can't:
- Your complete medical records and prognosis
- Available insurance coverage from all sources
- The strength of liability evidence
- Verdict trends in Travis County courts
- Our experience with similar cases
See our case results to understand the kinds of recoveries we've achieved for clients.
Frequently Asked Questions
How long until I know what my case is worth?
You typically need to reach "maximum medical improvement" (MMI)—the point where your condition has stabilized and further treatment won't significantly improve your outcome. Valuing your case before you understand the full extent of your injuries risks undervaluing your claim.
Should I accept the first settlement offer?
Almost always, no. Insurance companies make initial offers knowing most will negotiate. The first offer is typically a lowball attempt to close your claim quickly. An experienced attorney can often negotiate a significantly higher settlement.
What if the at-fault driver has no insurance?
You may still have options. If you carry uninsured motorist (UM) coverage, you can file a claim under your own policy. There may also be other potentially liable parties with insurance. An attorney can help identify all available sources of recovery.
Have more questions? Visit our FAQ page or contact us for a free consultation.
Get Your Free Case Valuation
Don't guess what your case is worth—and don't rely on insurance company lowball offers or imprecise online calculators. Get a professional evaluation from attorneys who have recovered millions for injury victims throughout Austin.
Our free consultation comes with no obligation. We'll review your case, explain your options, and give you an honest assessment of what we believe your case is worth.