Winning Maximum Compensation for Accident Victims in Houston for Over 35 Years!
If you or a loved one have been in a car accident in Houston, you may face medical bills, lost wages, and other expenses. At Baumgartner Law Firm, our car accident attorneys understand how overwhelming and stressful this situation can be. That’s why we are here to help.
Our team has won cases for accident victims for decades. Helping folks get money for their injuries and losses. We are dedicated to fighting for the rights of victims and holding negligent parties accountable for their actions.
Our team in Houston, Texas, at Baumgartner Law Firm, has the qualifications and expertise to handle even the most complex car accident cases. With over 35 years of experience, we have helped thousands recover maximum compensation.
Greg Baumgartner founder of Baumgartner Law Firm is a preeminent rated Houston accident lawyer who understands the ins and outs of personal injury trial law and is committed to fighting for your rights.
Award-Winning Houston Car Accident Attorney
Baumgartner Law Firm has been recognized as one of the best personal injury law firms in Houston, Texas.
We have helped thousands of people with their injury accident claims. Our founder is one of the very few lawyers holding double law degrees (less than 1% of all Texas attorneys have dual degrees) and has been preeminent rated for decades by peer review and recognized by Super Lawyers, Top 100 Trial Lawyers, Expertise, and numerous others. We have won countless multi-million-dollar results for our clients.
Being injured in an accident can be stressful, and we hope to answer many of your questions.
Call our top-rated Houston personal injury law firm with any questions about your crash or auto insurance claim and get answers from a preeminent-rated attorney.
Houston Car Accident Guide
Contact a Leading Houston Car
Accident Lawyer Right Away
How our Car Accident Lawyer Can Maximize Your Compensation
In Texas, car accident victims can seek compensation for economic and intangible damages. But you can’t trust an insurance company to step up and pay you what you are owed willingly. Unfortunately, insurers are aggressive. They want to resolve their liability for as little as possible.
At Baumgartner Law Firm, we are committed to helping motor vehicle victims in Harris County and their families secure every penny they deserve under the law. You may be entitled to recover financial compensation for the full extent of your losses. A settlement or verdict may include compensation for the following:
Compensation Can Include:
Property damage (vehicle repairs or replacement;
Ambulance and emergency room care;
Hospital bills and medical expenses;
Physical therapy;
Lost wages or reduced earning capacity;
Emotional distress;
Disability and disfigurement;
Loss of enjoyment of life;
Wrongful death damages for loss of a family member;
How to Find the Best Car Accident Lawyer in Houston?
Auto accidents can be traumatic and life-altering events. In the aftermath of an auto wreck, finding the right personal injury attorney is crucial to ensure you receive the compensation you need with a top-rated attorney in the greater Houston area.
Look no further. We’ve compiled some tips to help you find the best attorney for your case!
Experience Matters
When it comes to injury cases, experience is key. Look for an attorney specializing in car injury law with a track record of successfully handling car accident cases. An experienced attorney will have the knowledge and expertise to navigate the complexities of trial law and fight for your rights.
Reputation and Reviews
Research the attorney’s reputation and read online reviews from past clients. Look for an attorney with a solid reputation for delivering results and providing excellent client service. Positive reviews and testimonials can give you confidence in your choice of attorney.
Trial Experience
While most personal injury cases are settled outside of court, choosing an attorney who is not afraid to go to trial if necessary is important. A lawyer with trial experience will be well-prepared to present your case in court and effectively advocate for your rights.
Resources and Team
Personal injury cases can be complex and require significant resources to build a strong case. Ensure the attorney you choose has the resources and a dedicated team to handle your case effectively. A well-equipped attorney will be able to gather evidence and build your case.
Why Hire Accident Attorney Greg Baumgartner
Our founder Greg Baumgartner, has over 35 years of experience in personal injury law and recovered millions of dollars for his clients. He is recognized as one of the best accident and injury lawyers in Houston. Numerous attorney groups also recognize him as one of Texas’s best auto and truck accident attorneys.
Double Law Degrees and Peer Reviewed Preeminent Rated
- Double law degrees (less than 1% of all attorneys)
- Graduate of Trial Lawyers College
- Peer reviewed preeminent rated personal injury lawyer for decades
Over 35 years of Experience
- Super Lawyers
- Many other attorney awards.
- Countless multi-million-dollar cases
- Only handles personal injury claims.
- Aggressive negotiator
Trial Ready
- Ready to take your case to trial to get you fair compensation
- Provides personal service. You will not be a case number to us but like family! We care!
In addition to personal service, you will get an award-winning attorney with a long track record of winning maximum compensation.
We are a nationally-recognized personal injury law firm with over three decades of experience helping victims get justice.
Our Houston Personal Injury Law Firm Will
*Listen to your story and answer questions about your personal injury case;
*Investigate your crash, carefully gathering and organizing relevant evidence;
*Help you get the medical treatment you need if you do not have health insurance;
*Handle settlement negotiations with the insurance companies and
*Develop a personalized strategy to help you maximize your compensation.
Every car accident claim involves its own unique circumstances. A detail-driven, thorough investigation is a must. You need personalized guidance and advice from a Harris County lawyer who can put in the time and resources to take your case the distance.
At Baumgartner Law Firm, we always put the needs and interests of our clients first. We encourage you to review our recent case results and to contact us directly with any specific questions or concerns about your case.
Why Get a Proven Attorney for Your Car Wreck Claim?
Most car accident injury claims are settled out of court, but this does not mean you should underestimate the importance of having a trial-tested attorney. Many of these settlements are reached through negotiations between your legal representative and the at-fault party’s insurance company.
A Trial Setting Helps
It is crucial to have an experienced attorney skilled in negotiating, as they can assess the true value of your claim and fight for the compensation you deserve. A trial-tested firm with a track record of success will help you secure the most favorable outcome for your case.
Negotiations
Of course, there are certainly instances where negotiations may not yield the desired results, or the opposing party may be unwilling to offer a fair settlement. When that happens, experienced attorneys with litigation expertise can provide the necessary support to fight the car insurance company.
Our top-rated attorney is well-versed in courtroom proceedings, has a solid understanding of car accident injury claims laws, and can present a compelling case to the judge or jury if necessary.
Do I Need an Houston Auto Accident Attorney?
With Serious Injuries, You Need Help
If you or your loved one was hurt in a crash or if you sustained significant property damage, you should consult with an attorney. Do not assume that your case is too small. Even seemingly minor accidents can result in long-term injuries or medical bills.
The Leverage of a Lawyer
Additionally, insurance companies are not always on your side and may attempt to minimize or deny your claim. An experienced car accident lawyer can help protect your legal rights, negotiate with insurance companies on your behalf, and ensure that you receive fair compensation for your injuries and damages.
Contact our Houston car accident attorney today for a free consultation.
Baumgartner Law Firm Personal Injury Practice Areas
At Baumgartner Law Firm, our personal injury attorney in Houston, TX, helps clients throughout Texas maximize their damages to get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Since 1985, our firm has limited the practice to serious injury cases and produced exceptional results in the following areas:
- Auto & Car Accidents
- Catastrophic and Severe Injuries
- Construction Site Accidents
- Truck & 18-Wheeler Accidents
- Daycare Negligence & Child Injury
- Motorcycle Accidents
- Drunk Driving Accidents
- Dram Shop Lawsuits
- Wrongful Death
Our founder attorney, Greg Baumgartner, has over 35 years of experience and has been peer-reviewed preeminent for decades.
How Much Do Houston Car Accident Lawyers Charge?
We do not charge any upfront costs or out-of-pocket fees. Our Houston car accident injury firm works on a contingency fee basis.
How does it work? You do not have to pay anything out at the outset of your case. Our fees at Baumgartner Law Firm start at 33.33% of the total money recovered.
While many wonder how much lawyers take from a car wreck settlement in Texas, our firm believes the focus should be on getting the best attorney for your case. And focusing on the money in your pocket. Numerous studies prove those represented by the best lawyers net much more money than those without attorneys.
Instead, our Texas car accident attorney will only receive a percentage of your settlement or award if we successfully obtain compensation on your behalf. Beyond that, our Houston law firm offers free consultations to evaluate your case and discuss your legal options.
You do not have to take the process on alone. We are ready to help you get justice.
When Should You Hire a Injury Accident Lawyer?
If you have been involved in an auto accident, hiring legal help as soon as possible after the crash is always best. Proactively hiring a lawyer can help protect your legal rights and increase your chances of receiving fair compensation.
Insurance companies often have teams of lawyers and adjusters who will work to minimize your claim or deny it altogether.
By hiring our top-rated auto accident law firm early on, we can take immediate action to investigate the accident, collect evidence, and build a strong legal strategy. It’s important not to fall behind the insurance company, as they may attempt to pressure you into settling for less than you deserve.
Schedule your free consultation with our experienced firm today or call (281) 587-1111.
What Makes a Strong Car Accident Injury Claim?
A strong accident claim requires several key components. To start, evidence is essential for proving liability. Texas is a fault-based auto accident jurisdiction. You need to prove that the defendant’s negligence contributed to your crash.
Liability Evidence
Relevant evidence may include police reports, witness statements, crash damage and accident scene photographs, and expert reconstruction reports. Collect as much evidence as possible during the accident and keep detailed records.
Proving Your Damages
Next, you will also need to demonstrate the adverse impact of the accident on your life, such as lost wages, pain and suffering, and reduced quality of life. Your lawyer will work to calculate the total amount of damages you have suffered and will advocate for fair compensation for all of your losses.
In Texas, your damages are largely compensatory in nature. In other words, you must “prove” your damages to bring a strong injury claim. Without establishing your damage, you will not be able to get the compensation you deserve.
Get the Best Auto Accident Attorney
Finally, working with an experienced attorney is another key step to strengthening your claim. We have a deep understanding of the law and the legal process and can negotiate effectively with the other driver’s insurance company and other parties involved in the case to get you a fair car accident settlement.
Even when you have an otherwise strong claim, you could be undermined if you do not know how to navigate the personal injury claims process effectively. Seriously injured accident victims need the best representation.
How Much is the Average Settlement for a Houston Car Accident?
Accident claims are always valued on a case-by-case basis. The value of your claim will depend on several factors, including the nature and extent of your injuries, the severity of the accident, and the amount of damages you have suffered.
Damages in Texas
Damages include medical expenses, lost wages, pain and suffering, disability, disfigurement, and property damage.
To determine the value of your claim, your lawyer will consider the economic and non-economic damages you have suffered. Economic damages refer to actual financial losses, such as medical bills and lost wages, while non-economic damages refer to intangible losses, such as pain and suffering and reduced quality of life.
At Baumgartner Law Firm, we will work to quantify the total damages you have suffered and negotiate with insurance companies and other parties to ensure that you receive fair compensation for your losses.
Insurance Coverage
The total insurance coverage for an accident can also impact a settlement in Texas. Factors like uninsured motorist coverage and if a company vehicle has commercial coverage must be evaluated.
Car Accident Settlement Examples at Baumgartner Law Firm:
$1,500,000*
*Net to client after fees and expenses
Baumgartner Law Firm settled a car crash case after filing a lawsuit and before the start of the trial. The crash stemmed from a vehicle that had run out of gas and hit from behind.
$103,896 *
*Net to client after fees and expenses
The side impact auto accident and our client was a passenger diagnosed with two bulging discs requiring physical therapy. The case was settled after filing a lawsuit but before discovery was started.
$ 2,210,000 *
*Net to the client after fees and expenses
Our client ran into a vehicle that needed to yield the right of way when pulling into a local business. The defense claimed our client did not keep a proper lookout and was at fault for the crash. The case was settled before the trial.
Let Us Evaluate Your Auto Injury Case
Your case will require an analysis of its merits, including liability, damages, and insurance coverage. Call Baumgartner Law Firm at (281) 587-1111 for a free case evaluation.
Every case is unique. However, some types of injuries usually settle for more money than others. If you have a soft tissue injury or “whiplash” where your neck or back is sore, there will often not be a medical test like an x-ray or MRI that verifies the injury. Soft tissue injuries are real and often not valued very highly by the insurance company.
Injuries with testing verification can bring higher compensation.
These include:
- Broken bones and fractures
- Head injury or concussions
- Back or neck injury
- Surgical intervention needed
- Permanent scars or disfigurement
- Disability
How to Find the Best Houston Accident Lawyer Near You?
The Baumgartner Law Firm is conveniently located at 6711 Cypress Creek Pkwy in northwest Houston.
Our law firm is well-positioned to handle car accident claims throughout Houston, Harris County, and Southeast Texas. We handle car accidents in Conroe and Spring, TX, as well.
We understand that car accidents can happen anytime and that you may need legal representation immediately. Our firm is easily accessible to start working on your case immediately.
What to Do After a Motor Vehicle Collision in Houston, Texas
Motor vehicle collisions can be a traumatic and overwhelming experience. Knowing what steps to take after an accident in Houston, Texas, can help ease the process and protect your rights. Be sure to follow these four steps if you are involved in a collision:
Stop Your Car, Exchange Information, and Call the Police:
All drivers involved in an accident must stop their vehicle and exchange information with other involved parties. This includes providing your name, address, phone number, insurance information, and vehicle registration.
In Texas, all injury crashes should be reported. You should report your accident to the Houston Police Department, the Harris County Sheriff’s Office, or another state or local law enforcement department.
Seek Immediate Care for Any Injuries:
Medical needs take priority—your health and well-being matter. If you or anyone involved in the collision is injured, seek medical attention immediately. Do not delay. Prompt medical attention can help identify and treat injuries.
Further, your medical records will support your insurance claim. You cannot recover the full and fair compensation you deserve without getting medical care.
Document the Crash (Take Photos):
Texas is a fault-based motor vehicle accident state. Gathering evidence and thoroughly documenting the collision scene is crucial in building a strong case for insurance claims or potential legal action. Use your smartphone or a camera to take clear, detailed photos of the accident scene from various angles.
Capture images of vehicle damage, road conditions, traffic signs, and any skid marks or debris.
Additionally, take photos of any visible injuries sustained by you or other parties involved. Beyond visual documentation, gather contact information for any witnesses and write down your personal account of the events while they are still fresh in your memory.
This comprehensive documentation will prove invaluable in supporting your claim or case.
Consult With a Houston Car Accident Attorney:
Were you hurt in a crash? Get help. The sooner you set up a free, no-obligation consultation with an experienced lawyer at Baumgartner Law Firm, the better your position will be to get justice and the maximum settlement or verdict.
At our personal injury firm, we always go the extra mile to ensure victims get personal legal representation with their car accident lawsuits.
What You Should Know About Texas Car Accident Laws
Liability is Based on Fault
In Texas, motor vehicle accident liability is based on fault. It is one of the core things you should understand about Houston’s car crash claims process. The driver, the truck company, the vehicle manufacturer, or the other party who is found to be responsible for causing the accident is also responsible for paying for the damages and injuries that result.
In practice, insurance companies are typically the ones handling claims. Still, establishing fault—which is done through comprehensive evidence—is key to proving liability and recovering compensation.
Of course, one party does not always bear the entire legal responsibility for a crash in Houston. Two or more parties may have contributed to the same accident. Indeed, even the victim may be partially at fault for their own crash.
Texas is a Comparative Fault State
Texas is a comparative negligence state, which means that when more than one party is found to be at fault for a car accident, their level of fault will be compared to determine how much compensation they are responsible for paying.
Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), damages are apportioned based on each party’s percentage of fault. The comparative fault could have huge implications for your claim.
Liability for an auto accident is based on negligence in Texas. The injured must prove the other driver was more at fault than they were to win damages.
An Example of Comparative Negligence in Texas
To better understand comparative negligence in Houston, it is useful to consider an example. Imagine that a driver is hurt in a crash in Houston. Another driver was distracted. In total, they suffered $100,000 in damages. Upon investigation, it was determined that the victim was partially at fault for the accident because they were speeding. They are found liable for 20 percent of their own motor vehicle accidents.
In this case, the driver could still recover compensation for their damages under Texas state law. However, the amount they would be able to recover would be reduced by their percentage of fault. Since the driver was found to be 20 percent at fault, their compensation would be reduced by 20 percent, or $20,000. They would be eligible to recover $80,000 instead of $100,000.
Percentage of Fault
Every percentage point of blame matters—especially after a serious accident. You do not want to be blamed unfairly for your own accident, even for a small percentage of your own accident.
Being assigned unjust blame could take thousands of dollars from your settlement offer or trial verdict. A top-rated Houston auto accident attorney can investigate your crash, build a strong case, and protect you from unfair blame.
How Long do I Have to Make a Auto Accident Claim?
Statute of Limitations For Car Wrecks in Texas
Following a car accident, you must be ready to take prompt action. You do not have unlimited time to initiate a personal injury claim for a motor vehicle accident. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann § 16.003), injury claims are subject to a two-year statute of limitations.
What happens if the deadline runs out? You may not be able to bring an auto accident claim at all. Be proactive. Consult with our experienced legal team as soon as possible after your collision.
What are The Most Common Causes of Motor Vehicle Accidents in Houston?
Car crashes can happen for many different reasons. Every accident involving serious injuries should be carefully and thoroughly investigated to determine exactly how and why it happened.
While there are many reasons for accidents, they tend to share an important commonality: The crash could have been avoided with proper care.
Some reasons why auto accidents happen in Houston include the following:
Distracted Driving
Distracted driving is now suspected to be Houston’s leading cause of motor vehicle accidents. In recent years, dangerous driving has sharply risen in Texas and throughout the United States. It occurs when a driver’s attention is diverted from the road and onto something else, such as their phone, the radio, or a passenger. Even a momentary lapse in attention can lead to a devastating accident.
Failure to Yield
One of the rules of the road that allows us to avoid car accidents is yielding the right-of-way. Failing to yield is one of the most common causes of crashes.
Intoxicated Driving
Drunk driving is a serious problem in Houston and throughout. In 2020, there were far too many alcohol-related crashes in the city. Statewide, nearly 1,000 people are killed, and many thousands more are seriously injured in DUI crashes yearly.
One in four car accident deaths in Texas are directly related to alcohol. Driving under the influence of alcohol impairs a driver’s ability to make good decisions and react quickly to changing road conditions. Drugged driving is also a serious problem.
Speeding
Speeding is a common cause of motor vehicle accidents in Houston. When drivers exceed the speed limit or drive too fast for road conditions, they increase their risk of losing control of their vehicle and causing a crash.
Speeding also reduces the time drivers have to react to potential hazards. Further, accidents at a higher speed rate are more likely to lead to severe injuries or fatalities.
Not Leaving a Safe Distance Between Cars
It is often hard to leave a safe distance between vehicles in Houston on a highway such as I 45 or Interstate 10. Traffic congestion contributes to many accidents in the greater Houston area.
Reckless Driving
Reckless driving is another common cause of motor vehicle accidents in Houston. Some notable examples of reckless driving include weaving in and out of traffic, tailgating, and ignoring traffic signals. Reckless drivers put themselves and others at risk by failing to follow basic traffic laws and driving aggressively.
Fatigued Driving
Fatigued driving occurs when a driver operates a vehicle excessively tired or drowsy. This can lead to slower reaction times, impaired judgment, and a higher likelihood of falling asleep at the wheel.
Fatigued driving is a particular concern for commercial truck drivers who may be required to drive for long hours without taking adequate breaks.
Improper Lane Changes
Improper lane changes occur when drivers fail to signal their intention to change lanes or do not check their blind spots before maneuvering. This can lead to collisions with other vehicles or result in the driver losing control of their vehicle and crashing.
Left turn accidents are a common auto accident type.
Poor Weather Conditions
Houston is no stranger to inclement weather, which can increase the risk of motor vehicle accidents. Heavy rain, fog, and high winds can reduce visibility and make it harder for drivers to maintain control of their vehicles.
Drivers should adjust their speed and driving behavior to match the prevailing weather conditions.
Vehicle Malfunctions
Vehicle malfunctions can also cause motor vehicle accidents in Houston. Issues such as faulty brakes, tire blowouts, and engine failures can all lead to crashes. It is important for drivers to keep their vehicles in good working order and to have regular maintenance performed to prevent these kinds of issues.
What are the Most Common Types of Car Accidents in Houston, Texas
Houston is a bustling city with millions of drivers on the roads every day. Unfortunately, with so many vehicles on the roads, accidents are inevitable. Understanding the different types of car accidents in Houston can help drivers stay safe and avoid accidents.
Here are some of the most common types of car accidents in Houston that cause injured auto accident victims to hire us:
Rear-End Collisions
Rear-end collisions happen when a vehicle strikes the back of another vehicle. Rear-end collisions are often caused by tailgating, distracted driving, or failure to brake in time. It is the most common type of multi-vehicle crash.
T-Bone Accidents
A serious crash type of accident happens when one vehicle hits the side of another vehicle, creating a “T” shape. T-bone accidents can be very dangerous, especially if the collision occurs quickly.
Sideswipe Crashes
These accidents happen when the side of one vehicle hits the side of another vehicle. Sideswipe accidents can be caused by various factors, including merging into another lane without checking blind spots, distracted driving, or drifting into another lane.
Head-On Collisions
One of the most dangerous types of car wrecks, head-on crashes happen when two vehicles collide front-to-front. Head-on collisions are often the most serious type of car accident and can result in serious injuries or fatalities.
Rollover Accidents
A rollover is another dangerous kind of accident. It occurs when a vehicle tips over onto its side or roof. Rollover accidents can be caused by various factors, including speeding, swerving, or overcorrecting while driving.
What You Should Know About Passenger Claims?
Passenger injury claims differ from the driver’s in many cases. In short, passenger cases are often better than driver’s cases as the defense can’t credibly claim contributory negligence on a passenger. This video explains the differences.
Is Texas a No-Fault State for Auto Accident Injury Claims?
No. Texas is not a no-fault state. In Texas, the injured victim is required to prove fault. It is important for people hurt in automobile accidents to hire qualified and experienced attorneys to protect their rights.
We will work to present a strong case to maximize your compensation at Baumgartner Law Firm.
Things to Know About Insurance Claims After a Car Crash
The Insurance Company is Not On Your Side
First, it is useful to understand that insurance companies are for-profit businesses. What does that mean for your case? It means that insurers will prioritize their bottom line over your rights and your interests. Even though insurance adjusters may seem friendly and helpful, their primary goal is to settle your claim for as little money as possible. They represent their employer. As such, you should never assume that the insurance company is on your side or has your best interests in mind. Instead, you should approach the claims process with a healthy dose of skepticism and seek the advice of an experienced legal representative.
Avoid Providing a Recorded Statement to an Insurance Adjuster
After an accident, an insurance adjuster may ask you to provide a recorded statement. You may even get a phone call from an insurance adjuster within a day or two of the crash—well before you can gather your thoughts and make a physical/mental recovery. While it may seem innocent enough, providing a recorded statement can be risky. Insurance adjusters are skilled at asking leading questions that can be used to deny or devalue your claim later on. They may even try to trick you into admitting fault or downplaying your injuries. For these reasons, avoiding providing a recorded statement without speaking to an attorney is best.
Beware of a Lowball Settlement Offer
To effectively navigate the insurance claims process after a car accident in Houston, you need to know exactly how much your case is worth. Insurance companies often make lowball settlement offers to accident victims in the hope that they will accept a quick payout and avoid hiring an attorney. However, these offers are usually far less than what your claim is worth.
Do not agree to a settlement that does not cover the damages you are entitled to under the law. Accepting a lowball settlement offer can also prevent you from pursuing additional compensation in the future.
Do Not Sign Anything Without Speaking to a Lawyer
Insurance companies may try to get you to sign documents, such as a release of liability, medical authorization, or settlement agreement. These documents can have serious consequences. They may even waive your right to pursue legal action or limit your ability to recover damages. The key thing you know is that once you sign a document, it fundamentally alters your rights. Before signing anything, consult a top-rated lawyer at Baumgartner Law Firm.
A Houston Car Accident Attorney Can Hold the Insurance Company Accountable
The best guidance for handling an insurance company after an accident is straightforward: Work through a lawyer. An experienced Houston car accident attorney can review your case, negotiate with the insurance company on your behalf, and take the necessary steps to hold them accountable for paying you full compensation. Car accident claims are complicated. The insurance companies have been there before, but you probably have not. Get professional legal representation for your claim.
Fatal Car Accident Claims in Texas
Car accidents are an unfortunate reality on the roads of Texas, often leading to severe injuries and, in some cases, fatalities. Losing a close family member in a car crash is one of the most difficult and emotionally devastating things anyone could ever endure.
When a loved one is in a fatal car accident caused by another person’s negligence or wrongful conduct, surviving family members may be entitled to compensation through a wrongful death claim or a survival case.
In Texas, wrongful death claims are subject to specific legal requirements and procedural rules. A Houston wrongful death lawyer can help navigate these complexities, ensuring the claim is filed correctly and on time.
Eligibility to File a Wrongful Death Case
Only the deceased’s spouse, children, or parents in Texas can file a wrongful death claim. Unfortunately, this means that other close loved ones, such as siblings, grandparents, and other relatives, may not be eligible.
Damages For Fatal Car Crashes
Surviving family members may be able to recover various types of damages through a wrongful death claim in Texas, including funeral & burial expenses, out-of-pocket medical bills, and non-economic wrongful death damages such as loss of companionship and society.
Of course, financial compensation can never truly account for the loss of a spouse, child, or parent. Still, families must be able to prove their case to get justice and the maximum financial support.
Car Accident Claims in Houston: Frequently Asked Questions (FAQs)
Do I Need to See a Doctor After a Car Crash in Houston?
Yes. If you suffered any type of injury in a motor vehicle collision in Houston, you should seek professional medical attention. Even if you feel fine, some injuries may not be obvious or apparent in the crash’s immediate aftermath.
Common injuries, like back injuries, including sprains, strains, whiplash, and traumatic brain injuries (TBIs), can feel far worse 48, 72, or 96 hours after the crash.
Your health should always be your top priority after a car accident in Houston. Further, you can only recover personal injury compensation in Texas if you have official medical records to support your claim.
How Long Does the Car Accident Case Take in Houston?
The length of time it takes to resolve a car accident injury claim in Houston can vary widely depending on the specifics of your case. In some cases, the process may only take a few months, while in others, it may take several years.
Factors that can influence the length of the claims process can include the complexity of your case and the amount of damages involved.
How Much Do Lawyers Take From a Car Accident Settlement?
At Baumgartner Law Firm, we get paid on a contingency fee basis. Our fee starts at one-third of the gross settlement.
How Much Can Someone Sue for in a Car Accident?
Texas does not limit the amount one can seek for actual damages sustained in a car crash.
What is the Average Settlement for a Car Accident in Texas?
Car accident injury case compensation depends on several factors. The three main factors that impact damages are:
a) How clear is liability? Are there extenuating facts like a drunk driver accident?
b) How badly are you hurt? Did a medical test verify the injury?
c) What insurance is available to pay the claim?
Can I Make an Uninsured Motorist Claim?
Did you know that many Texas motorists are uninsured or underinsured? The Insurance Information Institute (III) estimates that nearly 10 percent of drivers in Texas lack adequate insurance coverage.
While uninsured motorists may be personally liable for a crash that they cause through negligence, they rarely have the assets to cover damages.
If you are in a car crash with an uninsured driver in Houston, you can make a claim with your own insurance company if you have uninsured motorist coverage or sue your insurer for damages. Alternatively, third parties may bear partial responsibility for the crash.
What are My Options If the Other Driver Fled the Scene of the Crash?
Texas law is clear: All motorists involved in a crash must stop their vehicle, stay at the incident scene, and exchange information. Nonetheless, hit-and-run accidents are a serious problem. If the other driver fled the crash scene in Houston, it could be deeply stressful and frustrating. You still have options.
Call the police and report the hit-and-run. They may be able to track down the other driver and hold them accountable. Even if you cannot find the driver, you may still have a claim with your own insurance company or against a third party. Do not go it alone.
Contact a Houston, TX, hit-and-run lawyer for immediate help with your case.
What is the Most You Can Recover in a Car Accident Injury Claim in Houston?
It depends entirely on the cause of your accident, the severity of your injuries, and your ability to navigate the legal claims process effectively. There is no set maximum amount for car accident injury claims in Texas, but there are limits to the amount of damages you can recover from individual insurance policies.
With severe injuries, settlements or verdicts could reach into the six figures, seven figures, or, in some cases, even higher. Your case should be carefully evaluated to determine its full value.
How Does Comparative Negligence Work in a Car Crash in Houston?
Texas is a modified comparative negligence state. Injured victims in Houston should understand how this system could impact their car accident claims. You can still recover financial compensation if you are found partially at fault for your damages—but your recovery could be reduced by your degree of blame.
Shared Fault Examples
As an example, if you are found to be 20 percent at fault for the accident, you may only be able to recover 80 percent of your total damages. You would be liable for the remaining 20 percent. As Texas follows a modified comparative negligence rule, an injured car accident victim will be barred from recovery if found liable for more than 50 percent of their crash.
Can I Recover Financial Compensation for Pain and Suffering?
Yes. Injured victims can recover financial compensation for pain and suffering after a car accident in Houston. Pain and suffering damages are non-economic damages—meaning they do not have a set dollar value like medical bills or lost wages. Instead, these damages are intended to compensate you for the physical and emotional pain caused by the accident.
Unfortunately, recovering compensation for pain and suffering can be challenging in practice. A lawyer can help you take action to maximize your recovery from pain and suffering and other types of non-economic damages.
Are Punitive Damages Recoverable in a Car Accident Claim in Texas?
Technically, yes, but they are only available in a limited number of cases. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann § 41.001(5)), punitive damages are known as exemplary damages. They are awarded as “a penalty or by way of punishment but not for compensatory purposes.”
However, for the most part, personal injury damages in Texas are designed to be compensatory. Punitive damages could be available in a narrow set of cases, such as with a DUI crash. If you have any specific questions or concerns about punitive damages, contact an experienced punitive damages lawyer for help.
Will My Car Accident Injury Claim Go to Court?
It is possible. However, more claims are resolved through a Houston settlement than a trial verdict. Indeed, federal personal injury data shows that as few as two percent of cases go to trial.
Still, you need to be well-prepared. Only when you have built a comprehensive claim backed by reliable evidence will you be in the right position to recover the maximum compensation through a settlement or a verdict?
Will I Have to File a Lawsuit to Get Car Accident Compensation in Houston?
Maybe. Whether or not you will have to file a lawsuit depends on the specifics of your case. In some cases, your representative may be able to negotiate a fair settlement with the insurance company before a lawsuit is ever filed.
An experienced Houston attorney can help you through the claims process, including filing a lawsuit to get you justice.
Should I Agree to Settle My Injury Case?
A fair settlement that covers the full extent of your economic and non-economic losses is generally the ideal outcome in a car accident injury case. Whether or not it is advisable to accept any specific settlement offer from the insurance company depends on various factors, including the severity of your injuries, the strength of your case, and the amount being offered in the settlement.
You do not have to figure out your entire case alone.
Contact an Auto Accident Attorney at Baumgartner Law Firm Today!
(281) 587-1111
At Baumgartner Law Firm, our Houston car crash lawyer is an award-winning, nationally recognized advocate for victims and families. You do not have to take on an insurance company alone. If you or your loved one was hurt in a motor vehicle crash, we are here to help.
Call or connect with us online for a no-cost, no-obligation initial consultation. From our Houston law office, we represent car accident victims in Harris County and throughout all of Southeast Texas.
Call (281) 587-1111
Related Resources:
How Long Do I Have to File a Car Accident Claim in Houston, TX?
How to Value Your Car When It’s a Total Loss
What Does a Car Accident Attorney Do?
How to Get and Read a Houston Accident Report
Car Accidents and Lapsed Insurance in Texas
What To Do If You Are Injured In A Company Car in Houston?
How Much to Expect from a Car Accident in Texas
We help folks hurt throughout the greater Houston area, Including:
Acres Homes, Aldine, Bellaire, Briarforest, Central Business District, Central Northwest, Chinatown, Deer Park, Dickinson, East Aldine, East Downtown, East Houston, Energy Corridor, Fourth Ward, Friendswood, Galeana Park, Greater Fifth Ward, Greater Hobby Area, Greater OST/South Union, Humble, Hyde Park, Independence Heights, Jacinto City, Jersey Village, La Marque, League City, Magnolia, Magnolia Park, Mission Bend, Northside, Northwest Houston, Pasadena, Pearland, Pinehurst, Rice Military, Second Ward, Shady Acres, South Central Houston, South Main, South Park, Southeast Houston, Southwest Houston, Spring, Spring Branch East, Texas City, Tomball, The Memorial Villages, Westchase.
Do I Need to See a Doctor After a Car Crash in Houston?
How Long Does the Car Accident Injury Claims Process Take in Houston?
How Do Uninsured Motorist Claims Work in Texas?
What are My Options If the Other Driver Fled the Scene of the Crash?
Texas law is clear: All motorists involved in a crash have a duty to stop their vehicle, stay at the scene of the incident, and exchange information. Nonetheless, hit-and-run accidents are a serious problem. If the other driver fled the scene of the crash in Houston, it can be deeply stressful and frustrating. You still have options.
Call the police and report the hit-and-run. They may be able to track down the other driver and hold them accountable. Even if you cannot find the driver, you may still have a claim with your own insurance company or against a third party. Do not go it alone. Contact a Houston, TX hit-and-run accident lawyer for immediate help with your case.
What is the Most You Can Recover in a Car Accident Injury Claim in Houston?
It depends entirely on the cause of your accident, the severity of your injuries, and your ability to effectively navigate the legal claims process. There is no set maximum amount for car accident injury claims in Texas, but there are limits to the amount of damages you can recover from individual insurance policies.
With severe injuries, settlements or verdicts could reach into the six figures, seven figures, or in some cases, even higher. Your case should be carefully evaluated to determine its full value. An experienced Houston car crash attorney can help you determine the most you can recover based on the specifics of your case.
How Does Comparative Negligence Work in a Car Crash in Houston?
Texas is a modified comparative negligence state. Injured victims in Houston should have a general understanding of how this system could impact their car accident claim. You can still recover financial compensation if you are found partially at-fault for your damages—but your recovery could be reduced by your degree of blame.
As an example, if you are found to be 20 percent at fault for the accident, you may only be able to recover 80 percent of your total damages. You would be liable for the remaining 20 percent. As Texas follows a modified comparative negligence rule, an injured car accident victim will be barred from recovery if they are found liable for more than 50 percent of their own crash.
Can I Recover Financial Compensation for Pain and Suffering?
Yes. Injured victims can absolutely recover financial compensation for pain and suffering after a car accident in Houston. Pain and suffering damages are a type of non-economic damages—meaning they do not have a set dollar value like medical bills or lost wages. Instead, these damages are intended to compensate you for the physical and emotional pain caused by the accident.
Unfortunately, in practice, recovering compensation for pain and suffering can prove to be challenging. A Houston car accident lawyer can help you take action to maximize your recovery for pain and suffering and other types of non-economic damages.
Are Punitive Damages Recoverable in a Car Accident Claim in Texas?
Technically yes, but they are only available in a limited number of cases. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann § 41.001(5)), punitive damages are known as exemplary damages. They are awarded as “a penalty or by way of punishment but not for compensatory purposes.
However, for the most part, personal injury damages in Texas are designed to be compensatory in nature. Punitive damages could potentially be available in a narrow set of cases, such as with a DUI crash. If you have any specific questions or concerns about punitive damages, contact a Houston car accident lawyer for help.
Will My Car Accident Injury Claim Go to Court?
It is possible. However, far more car accident claims are resolved through a settlement in Houston than through a trial verdict. Indeed, federal personal injury data shows that as few as two percent of cases actually go to litigation.
Still, you need to be well-prepared. Only when you have built a comprehensive claim that is backed by reliable evidence will you be in the right position to recover the maximum amount of compensation, either through a settlement or a verdict.
Will I Have to File a Lawsuit to Get Car Accident Compensation in Houston?
Maybe. Whether or not you will have to file a lawsuit depends on the specifics of your case. In some cases, your car accident lawyer may be able to negotiate a fair settlement with the insurance company before a lawsuit is ever filed. An experienced Houston, TX car accident attorney can help you navigate the claims process, including filing a lawsuit if needed to get you justice.
Should I Agree to Settle My Car Accident Injury Case?
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for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
Highly
Recommended!
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
- Raymond
Houston Personal Injury Victim