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December 5, 2024 by Greg Baumgartner
In Texas, car accident victims often face overwhelming costs, including medical expenses, lost wages, and property damage. Understanding the types of compensation available and how amounts are determined is critical to securing a fair recovery. Below, we provide a comprehensive guide to help you understand potential compensation after a Texas car accident, the factors that affect settlement amounts, and the legal options available for maximizing your compensation.
In Texas, car accident claims for compensation generally falls into three main categories: economic, non-economic, and, in some cases, punitive damages. Each category covers different aspects of loss, with varying requirements and calculations.
Economic damages are the financial losses you experience directly from the accident. These include:
Medical Expenses
This includes emergency room visits, hospitalization, surgeries, follow-up care, rehabilitation, medications, and ongoing treatments. You may also claim future medical costs if the injury requires long-term care.
Lost Wages and Loss of Earning Capacity
You may be compensated for lost wages if the injury prevents you from working. In cases where injuries permanently affect your earning ability, you may be entitled to compensation for loss of earning capacity, which considers your work history, age, and occupation.
Property Damage
The costs of repairing or replacing your vehicle and any personal property damaged in the accident can be included in your claim. Insurance companies usually estimate repair costs, but you may be entitled to a replacement if the vehicle is totaled.
Other Out-of-Pocket Expenses
Out-of-pocket costs incurred because of the accident, such as transportation to medical appointments, hiring household help, and modifying your home for disability, may be recoverable.
Non-Economic Damages
Non-economic damages compensate for the intangible effects of the accident. Texas law allows for these types of damages, which can be substantial, particularly in cases involving serious injuries. They include:
Punitive damages are not commonly awarded but may be pursued if the defendant’s actions were grossly negligent or intentionally harmful. In Texas, punitive damages are limited and only apply in cases where the responsible party’s conduct was particularly reckless, such as in cases involving drunk driving or intentional harm.
Determining fair compensation requires analyzing several factors that impact the overall settlement value. A personal injury lawyer can evaluate your case using the following factors:
How Bad Are You Hurt?
The nature and extent of injuries are often the biggest determinants of compensation. More severe injuries, such as traumatic brain injuries or spinal cord injuries, generally result in higher compensation due to the associated medical costs and long-term effects.
How Clear is Liability?
Texas follows a “modified comparative fault” rule, meaning your compensation can be reduced if you share any fault in the accident. However, you cannot recover damages if you are more than 50% responsible. Establishing clear liability with evidence is crucial to maximizing your claim.
What Are the Insurance Policy Limits?
The insurance policy of the at-fault driver may limit compensation. Texas requires drivers to have minimum liability coverage of $30,000, which often falls short in serious cases. In such instances, you may need to seek compensation from other sources, such as uninsured/underinsured motorist coverage.
How Have Your Injuries Impacted Your Ability to Work?
If your injuries impact your career, a loss of earning capacity may increase your compensation. Experts often calculate future lost wages by considering the injured party’s age, occupation, and health before the accident.
How Bad is the Property Damage?
In cases where your vehicle is severely damaged, higher injury compensation may be awarded. Getting substantial personal injury compensation is harder if the crash was a fender bender. You may be eligible for replacement costs if your car is deemed a total loss. If you drive a newer model and the damage is repaired, you may be entitled to a diminished value claim.
What was the Emotional Impact
Courts may award additional compensation for mental distress, particularly if the injury results in long-term psychological trauma. It is noteworthy that in Texas, to get emotional damages from an accident, those damages must now stem from an injury you sustained or a substantial disruption in the plaintiffs’ daily routine.
Does the Conduct Arise to Recklessness?
If the conduct of the other driver can be viewed as grossly negligent, exemplary damages may be part of the case. If so, the settlement value will be enhanced. An example of gross negligence would be a drunk driver hit you.
Following Texas law’s legal procedures and deadlines is crucial to pursue compensation. Understanding the process can improve your chances of a successful outcome.
Texas imposes a two-year statute of limitations for filing personal injury and property damage claims related to car accidents. Missing this deadline generally bars you from recovering damages, making it essential to file a claim immediately after the accident.
A well-documented claim increases your chances of a fair settlement. Essential elements of a strong claim include:
Medical Records and Bills
Detailed records of all medical treatments are critical to proving your injuries and associated costs. Include all medical bills, prescriptions, therapy, and any medical prognosis for future treatment.
Proof of Lost Income
Documentation from your employer detailing missed workdays and wages is necessary. A letter from your employer stating your position, salary, and time missed due to injury strengthens your claim.
Evidence of Property Damage
Photos of the vehicle damage, repair estimates, and repair receipts are useful in proving property losses.
Witness Statements and Police Reports
Statements from eyewitnesses and the official crash report provide evidence of the accident details and can help establish fault.
When dealing with insurance companies, you may find that initial settlement offers fall short of covering all expenses. A skilled car accident attorney can help negotiate with insurers and represent your case in court if necessary.
Negotiating With Insurance Adjusters
Insurance companies often attempt to settle claims quickly for less than their full value. Experienced legal representation can prevent you from accepting a low offer. Lawyers understand insurers’ tactics and can negotiate for a fair settlement covering all losses.
Litigation as a Last Resort
Filing a lawsuit may be the next step if negotiations fail to get a fair outcome. During litigation, both parties present evidence, and a judge or jury determines the amount of compensation. This process can lead to a higher award, particularly if punitive damages are warranted, but may also extend the time it takes to receive compensation.
Here are some strategies that can help increase the amount of compensation you receive:
Getting prompt medical care safeguards your health and creates a documented link between the accident and your injuries.
Adhering to medical advice shows you are taking your recovery seriously. Ignoring prescribed treatments may be used against you to reduce your claim.
Posting details about the accident or your injuries online can potentially harm your case, as insurers may use social media posts to dispute your claim.
Keeping a journal of your recovery and any pain or limitations you experience can help show the impact of the injury on your daily life.
Navigating the claims process alone can be challenging. An experienced Texas car accident lawyer can handle negotiations, collect evidence, and represent your interests to maximize your damages.
Car accidents can impact your life, from physical pain to financial burdens. Understanding the types of compensation available, the factors affecting settlement amounts, and the legal process in Texas can help you pursue the recovery you deserve. Contact our experienced car accident injury lawyers in Houston for help.
Baumgartner Law Firm
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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