Car Accident Lawyer Houston, Texas

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 Houston 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.

Are you missing time from work or worried about getting the medical care you need to treat your injuries because someone else was at fault for the crash?  Our Houston car accident lawyer has been helping accident victims since 1985.

Get an aggressive Houston car accident lawyer to make sure you are not taken advantage of by the insurance company. At Baumgartner Law Firm, we handle all cases on a contingency fee arrangement and only get paid if we get money for you. Call us for a FREE CONSULTATION.

What Car Accident Expertise and Experience Does Baumgartner Law Firm Have?

Over 35 years of Experience in Auto Accident Injury Claims

Baumgartner Law Firm was established in 1985 to represent injured victims. For over 35 years, we have only handled injury claims. Nothing else.

Double Law Degrees

Our founder is one of the few lawyers holding double law degrees (less than 1% of all Texas attorneys have dual degrees).

Peer-Reviewed Preeminent Rated Injury Attorney

Greg Baumgartner has been peer-reviewed and preeminent-rated for decades.

Numerous Awards

Recognized for excellence and expertise by Super Lawyers, Top 100 Trial Lawyers, Expertise, and numerous others.

Won Thousands of Car Accident Cases

We have won thousands of auto accident cases, and many multi-million-dollar car accident case results for our clients.

Being injured in an auto accident can be stressful, and we are here to help you and answer your questions.

Call our top-rated Houston personal injury law firm with questions about your crash or auto insurance claim and get answers from a preeminent-rated attorney.

Houston Car Accident Guide

Do You Need a Houston Car Accident Lawyer?

When Should I Hire A Lawyer?

What should I Do After An Auto Accident?

Should I Hire An Accident Lawyer?

What Makes A Strong Accident Claim?

How long do I have to file a claim?

Car Accident FAQ’s

How Much Do Houston Car Accident Lawyers Charge?

How Much Is My Claim Worth?

What do I need to know about Insurance claims?

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How our Houston 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: 

What Car Accident Compensation Can I Get?

Damages for an auto accident can include the following:

Property damage (vehicle repairs or replacement;

Ambulance and emergency room care;

Hospital bills and medical expenses;

Physical therapy;

Lost wages or reduced earning capacity;

Pain and suffering;

Emotional distress or Mental Anguish:

Disability and disfigurement;

Loss of enjoyment of life;

Wrongful death damages for loss of a family member;

How We Can Help With Your Car Accident Case

• *Listening to your story and answering 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. 
• *File your lawsuit if we can’t settle your case out of court.

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 Houston Trial 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 Auto Accident Claims

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 Houston 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.

With Serious Injuries, You Need The Help of a Top Auto Accident Attorney in Houston, TX

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 Trial 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.

Other Types of Claims Our Car Accident Attorneys Handle

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 law 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
• Personal Injury

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 focus 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 Houston Auto 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, meaning you must establish that the defendant’s negligence contributed to your crash. This can be accomplished through various forms of evidence, such as police reports, witness statements, photographs of the crash damage and accident scene, and expert reconstruction reports. Gathering as much evidence as possible at the time of the accident and keeping detailed records will strengthen your case.

In addition to proving liability, it is crucial to demonstrate the adverse impact of the accident on your life when seeking compensation. This includes factors such as lost wages, pain and suffering, and a reduced quality of life. Your lawyer will work diligently to calculate the total damages you have suffered and advocate for fair compensation for all your losses.

In Texas, compensatory damages are a significant component of your claim. This means you must “prove” the damages you have incurred to establish a strong injury claim. Much of proving damages in a car accident lawsuit revolves around medical evidence. Your treating physicians can provide powerful testimony, bolstering your case by providing professional insight into your injuries, treatment, and prognosis.

Your lawyer will diligently gather and present relevant evidence to prove the extent of your injury and the compensation you deserve. This may include medical records, testimonies from doctors regarding future care needs, and your testimony. By utilizing this comprehensive approach, your lawyer will build a strong case that establishes the extent of your injury and the compensation you are entitled to

How Much is My Car Accident Case Worth?

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.

The National Safety Council lists the average value of a car crash in 2021 as $24,000 for possible injury, $40,000 for evident injury, and $155,000 for disabling injury.

Damages From Car Wrecks 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.

How the Amount of Auto Insurance Coverage Affects Compensation ?

The total insurance coverage for an accident can also impact a settlement in Texas. Factors like uninsured motorist coverage and whether a company vehicle has commercial coverage must be evaluated.

An old saying “you can’t get blood from a turnip”, applies to auto accident settlements. In Texas, it is extremely difficult to collect damages outside of the total insurance that applies to an injury claim.

Recent Houston Car Accident Settlement Examples:

$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 Houston Auto Injury Claim

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.

The More Severe the Injury the Higher Your Compensation

Serious injuries include:

• Broken bones and fractures
• Head injury or concussions
• Back or neck injury
• Surgical intervention needed
• Permanent scars or disfigurement
• Disability

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.

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.

What are the Laws Relating to Car Crashes in Houston, TX?

Liability for Car Accidents is Based on Fault in Texas

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 employer 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. Texas law for auto accidents can be complex. Consider talking with an experienced attorney for help.

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.

Examples of Shared Fault in an Auto Accident 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 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. 

How Fault in Car Wrecks Impacts Damages

Every percentage point of blame matters—especially after a serious accident. You do not want to be blamed unfairly for your accident, even for a small percentage of the blame.

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?

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 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. Call our Houston drunk driving accident lawyer for Help!

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. 

If the drunk driver was over-served at a bar, a dramshop lawyer may help.

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 Interstate 45 or Interstate 10. Traffic congestion contributes to many accidents in the greater Houston area. Following to close

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 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 type of auto accident.

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.

Rear-End Car Accidents

Rear-end crashes are probably the most common kind of car accidents. If you have been hurt in a rear-end collision, Houston Rear-End Accident Lawyer can help.

Fatal Car Wrecks

Houston has more fatal car crashes than any other city in Texas. Call us if you have lost a family member in an auto accident. Our Fatal accident lawyer can help fight for your loss.

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, 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.

How Passenger Car Accident Injury Claims are Different?

Passenger injury claims differ from the driver’s because, generally, fault can’t be placed on a passenger. In short, passenger cases are often better than driver’s cases as the defense can’t credibly claim contributory negligence on a passenger. The video below explains how passenger injury claims differ from driver cases.

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.

Do I Need to See a Doctor After a Car Crash in Houston?

Yes. If you suffered any injury in a motor vehicle collision in Houston, you should seek professional medical attention immediately. 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. 

What Legal Rights Do I Have After Being Injured in a Car Accident?

If you have been injured in a car accident, it is important to understand your legal rights. Car wrecks often result in physical, emotional, and financial hardships, and knowing your rights can help you understand the legal process and seek the compensation you deserve. Here are some of the key legal rights you have after being injured in a car accident.

Right to Seek Medical Attention: Your health must be a top priority after a car accident. It is critical to get immediate medical attention, even if you believe your injuries are minor. Some injuries from an auto accident may not be known immediately and can worsen over time. By seeking medical attention, you protect your health and document your injuries, which can be crucial in your legal claim.

Right to File an Insurance Claim: In Texas, car accidents are typically covered by auto insurance policies. You can file a claim with the other driver’s insurance company, seeking compensation for your property damage, medical expenses, lost wages, and human damages like pain and suffering. It is important to promptly notify the insurance company and provide the necessary documentation to support your claim. You can also file a claim with your auto insurance company, depending on your auto insurance coverage.

Right to Legal Representation: It is highly recommended to consult with a top-rated personal injury attorney in Houston who specializes in car accident cases. A top injury attorney can protect your rights, negotiate with insurance companies, and fight for the compensation you deserve.

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. Contingency fees in Texas for auto accident injury cases are typically 33.33% to 40% of the settlement.

How Much Can Someone Sue for in a Car Accident?

Generally, Texas does not limit the amount one can seek for actual damages sustained in a car crash. However, damages in lawsuits or claims against governmental entities are limited in Texas.

What is the Average Settlement for a Car Accident in Texas?

Unfortunately, there is no average value for car crash injury cases. 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?

d) Who did you hire as your attorney?

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.

Call a car wreck lawyer in Houston, TX, for a claim evaluation.

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. Call the best car wreck lawyer near me for a free consultation.

Shared Fault Car Accident 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. Many auto accident injury claims are settled in mediation.

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 trial.

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 Baumgartner Law Firm for a free consultation on an injury claim.

Contact a Houston Car Accident Lawyer Trusted For Over 35 Years

At Baumgartner Law Firm, our accident attorney in North Houston is an award-winning, nationally recognized advocate for victims and families. You do not have to take on an insurance company alone. Call an aggressive car accident attorney near me. 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. 

Baumgartner Law Firm

Call (281) 587-1111 For a Free Consultation

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Uninsured Motorist Coverage in Texas

Car Accident Resources and Information

How to Value Your Car When It’s a Total Loss

How to Get and Read a Houston Accident Report

How Long Does a Car Accident Case Take to Settle in Houston?

Spring TX Car Accident Lawyer

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Car Insurance Lawyer in Houston

Why You Need a Houston Car Crash Lawyer

Rear End Accident Lawyer in Houston

Additional Texas Car Accident Resources:

Texas Car Accident Reports

Texas Laws About Car Accidents

Texas DOT Crash Statistics

Houston Auto Repair Shops

• Ray Blackburn’s Auto Service-10041 Farm to Market 2920, Tomball, TX 77375
• Kelly’s Collision-15917 Hollister St Houston, TX 77066
• Skeeter’s Auto Service-12133 Old Huffmeister Rd, Cypress, TX 77429
• Milstead Automotive-29707 W Hawthorne Dr, Spring, TX 77386
• Christian Brothers Automotive Fall Creek-8220 N Sam Houston Pkwy E, Humble, TX 77396
• Copperfield Collision Center-8424 Hwy 6 N Houston, TX 77095

We help folks hurt in auto accidents 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.