What is the average settlement of a disability lawsuit against a company in Texas?
Settlements will vary widely depending on the circumstances. One central difference is the type of “disability” lawsuit. If you were injured at work, you would have a very different type of lawsuit than if you were discriminated against for a disability.
For an injury lawsuit, the type and level of disability will affect the settlement amount. For example, the loss of a limb will probably result in a higher settlement than chronic back pain. The income of the person prior to the disability will also significantly affect the settlement amount. Keep in mind, as well, that most disability claims against employers will be dealt with through the worker’s compensation system. This system uses statutory formulas to standardize settlements. If a claim qualifies for worker’s compensation, it can generally not be filed as a lawsuit. Usually, a claim is only able to be filed against an employer when the employer intentionally caused the harm to the employee. Under these circumstances, the employee may be able to also ask for punitive damages, which could also vary widely. Similarly, for a discrimination lawsuit, various factors will go into how much you can expect for a settlement. Factors will include how much you were being paid, the nature of the discrimination (firing, reduced hours, or changed duties), and how long the discrimination was going on.
For both types of lawsuits, additional factors in a possible settlement include how confident the business is at winning the lawsuit against the person filing it, and what legal resources it has available. Additionally, some settlements will be confidential, and cannot be disclosed to determine the “average.”
In short, it’s not really possible to state what an “average” settlement of a suit would be. You’re better off asking what a range of settlement offers might be. A local employment attorney will be able to consider the facts of your case and provide you with an estimated range of what you could expect in terms of settlement offers or jury awards.