How much insurance pays for a neck injury in Texas depends on the severity of the injury, the cost of your medical treatment, the effect of the injury on your ability to work, and the amount of insurance coverage available.
It can be challenging to seek adequate compensation for a neck injury. If you need to file a claim, a Houston personal injury lawyer from Omega Law Group Accident & Injury Attorneys can guide you through the process and help pursue a fair settlement.
How Much Will Insurance Pay for My Neck Injury in Texas?
There is no standard amount that insurance must pay for a neck injury in Texas. The value of your claim can range from several thousand dollars for a relatively minor injury to tens or hundreds of thousands of dollars for a severe cervical spine injury.
A personal injury attorney from Omega Law Group can evaluate your injury and other losses and calculate the value of your claim.
What Factors Affect a Neck Injury Settlement?
Several factors can affect how much insurance will pay for a neck injury, including:
- Medical expenses: The cost of emergency care, diagnostic testing, physical therapy, medications, injections, surgery, and other treatment can increase the value of your claim.
- The severity of the injury: A temporary strain generally has less value than a permanent injury involving nerve damage, spinal instability, or significant loss of mobility.
- Lost income: You may seek compensation for wages you lost because your neck injury prevented you from working.
- Future losses: If your injury affects your ability to work or requires continuing medical care, those anticipated losses may be included in your claim.
- Pain and suffering: Compensation may be available for physical pain, emotional distress, and the disruption to your life caused by the injury.
- Available insurance coverage: The amount of coverage available can place a limit on how much compensation you can recover from an insurer.
How Do Insurance Companies Calculate a Neck Injury Settlement?
Insurance companies calculate a neck injury settlement by adding up your economic and non-economic damages and adjusting for liability and policy limits.
An insurer may review your medical records, treatment history, diagnostic imaging, employment records, accident reports, and other available evidence. They may also consider whether another party was responsible for the accident and whether you followed your doctor’s treatment plan.
How Long Do You Have to File a Neck Injury Claim in Texas?
Texas Civil Practice and Remedies Code § 16.003 generally gives you two years from the date of a neck injury to file a personal injury lawsuit. If the injury is not immediately apparent, the two-year clock will not start until the date you discover it (or the date you reasonably should have discovered it).
Special rules may apply if your case involves a government entity or a defendant who leaves the state. Missing the applicable deadline can prevent you from pursuing your claim in court, which is why you should speak to a lawyer from Omega Law Group as soon as possible.
Should I Accept the Insurance Company’s Settlement Offer?
No, you generally should not accept the first settlement offer from the insurance company. Initial offers rarely cover the long-term costs of a serious injury. An offer that looks reasonable shortly after an accident may not be adequate if you later require additional treatment or discover that your injury is permanent.
If you accept the first offer, you will give up your right to pursue additional compensation for the same claim. An attorney from Omega Law Group can review the first offer you receive and help determine whether it’s fair.
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How Long Does It Take to Settle a Neck Injury Claim?
It can take anywhere from a few months to over a year to settle a neck injury claim. Factors that will dictate your case’s timeline include the severity of your injury, the length of your medical treatment, the insurance company’s willingness to negotiate, and whether a lawsuit becomes necessary.
Claims involving minor neck injuries may settle relatively quickly, while claims involving more serious injuries can take considerably longer because it may take time to determine whether you will need additional treatment or experience permanent limitations.
It can be tempting to settle as quickly as possible, especially when medical bills and other expenses are piling up. However, settling before you understand the full extent of your neck injury can leave you without compensation for future treatment and other losses. This is why it’s important to consult an attorney from Omega Law Group before agreeing to a settlement.
What if the Insurance Company Denies My Neck Injury Claim?
If an insurer denies your neck injury claim, you don’t have to accept this decision. The company may try to argue that the injury was preexisting, the treatment you received was unnecessary, or the evidence does not support the amount you requested. However, we can help you challenge the denial by providing additional evidence and filing a formal appeal.
If the insurer still refuses to make a reasonable settlement offer, pursuing a lawsuit may become necessary. A Texas personal injury attorney from Omega Law Group can assist with your appeal and, if necessary, help you file a lawsuit.
Speak to a Texas Personal Injury Lawyer
Insurance companies are businesses that strive to minimize payouts to injury victims. Even if you receive a settlement offer that seems fair, you should consult a personal injury attorney from Omega Law Group before accepting it to ensure you aren’t leaving money on the table.
Schedule a free consultation to find out how much your insurance may have to pay for your neck injury in Texas.
