If you’re searching online for all the information surrounding auto car accident settlements, you have landed on the right page. We understand that settling a car accident claim can be a tricky business and you may need the assistance of a stellar law firm. We are the team for you with our 35 years of experience in auto accident settlement cases, we can help you. Call (281) 587-1111!
Whether you have been involved in an accident yourself and have sustained a personal injury or a family member has been injured through no fault of their own, we can handle your case. From start to finish, our team will guide you through the entire car accident settlement process.
End your search for an experienced car accident lawyer. We are one of the leading car settlement attorneys in the Houston area.
If you have been injured in an accident
Have you been injured in an accident that was not your fault? DO NOT PANIC. Our team of professional car settlement attorneys can guide you through the personal injury damages process. We will assess the injuries, liability, and the severity of the impact. We will then identify the next steps in finalizing a car accident settlement.
Your settlement for an injury will be based primarily on the severity of the damages caused to you and how much the insurance company will payout. If you have not sustained any serious injury, a considerable settlement is not likely.
However, this does not mean you will not be paid anything at all.
It is essential to properly document your case, even if only minor injuries are present, to qualify for a potential settlement payment.
Here’s how a car accident settlement is determined:
Medical bills – Medical cost is the main basis for a car accident settlement. For this reason, it is essential to have evidence of the cost of care you received, whether it be in a medical clinic or hospital., and the extent of that care.
Lost wages – You can be compensated for the time you have to take off work due to an injury. Your case will be assessed based on several factors so be sure to document any lost wages caused by your injury.
Pain/suffering – Serious injuries can cause emotional harm as well as physical harm. If you experience pain and suffering due to a car accident, be sure to inform your lawyer of this.
Determination of fault
Fault determination is the most crucial factor in car accident cases. Of course, if you contributed to the cause of the accident, then the outcome will be determined based on the laws of your state. In Texas, we use a comparative fault system. If you are less than 51% at fault, you may still be entitled to compensation.
If you are NOT at fault, you may use several options to result in being compensated:
- You can file a claim with your own car insurance company for your property damage.
- You can file a third-party claim with the other driver’s insurance company.
- You can also file a lawsuit against the other driver.
Should you choose to file a lawsuit, it is crucial to keep in mind that the other party could counter-sue you. Therefore, it is vital to find a Houston injury attorney specializing in car injury settlement cases.
If you make a claim with your insurance company, they may be required to pay for any medical bills (PIP or Med Pay) and property damage (if you have full coverage), according to your policy coverages and limits.
What a settlement includes
To reach a car accident settlement, the required steps can be quite lengthy to carry out. You can choose to resolve without dispute, which is what most parties choose. It is often favorable to settle before filing a lawsuit and going to a courtroom as any jury verdict could potentially lead to a non-guaranteed decision taken by the jury.
The first step to reach a car accident settlement is to get together all information about the accident, including evidence. Medical records, receipts for medical costs, photos, and witness testimony must all be presented to prove your case.
Once you have gathered the information and documentation, it is time to prepare a demand letter addressed to the insurance company, which will need to clearly and concisely state your claim.
In the demand letter, your personal injury or injuries must be detailed and contain information about the damages that you wish to recover as part of the final compensation amount.
Upon receipt of the demand letter by the insurance company, it will investigate the case and decide, in their opinion, whether or not you are eligible for an accident settlement based on the evidence that was provided.
If the insurance company chooses to accept your evidence, a settlement amount will be offered to you. At this point, you will be able to negotiate an agreement if the amount is less than what you anticipate. Should the insurance company deny your negotiation for a different amount, you can then consider filing a lawsuit to obtain just compensation. If you may file suit, hire the best Houston car wreck lawyer you can get.
Some choose to sue the other driver. If you decide to do this, a lawsuit will be filed with a local court.
Statutes of limitations
Each state in the United States has its own statute of limitations, which are the laws that place time limits for filing an injury claim for a car accident. You should review the rules in the state in which you reside. In Texas, the general statute of limitations is 2 years from the date of the accident. Other factors can potentially shorten or lengthen a time limitation on bringing a lawsuit in Texas. Always consult a local attorney.
The clock for the statute of limitation starts the minute you are involved in a car accident. You will only have that stated time in which to file a lawsuit against the other driver who has caused a personal injury, damage, or/and pain and suffering.
Once the time limit expires, you will no longer be able to sue the other driver, and they also won’t be able to sue you.
Dealing with an injury claim adjuster
An injury claim adjuster does NOT work for you, unlike a lawyer you hire for your case. The adjuster does not protect your interests. Instead, the adjuster simply negotiates a claim where necessary. The other person’s insurance adjuster is NOT on your side.
Negotiation with an injury claim adjuster can go on for a while. If you find this to be true in your case, it is important to practice patience and remember that you may reach a fair car accident compensation amount in some cases. However, without an experienced lawyer, it can be challenging to be treated well by an injury adjuster.
If you’re dealing with an injury claim adjuster and need our help, call us today at 281-587-1111 to discuss your settlement needs.
How much can I receive if I was injured?
The amount you can be paid if you were injured in a car accident that wasn’t your fault will be based on several factors and no two car accident cases are the same. This is why the insurance company must assess all of the evidence submitted.
We recommend working closely with a legal professional to gather all of the evidence you need and present it properly. There are multiple things that an injured party can claim if involved in a car accident, including medical bills, pain and suffering, damages to parts of the car such as the rear end, and severe cases, long-term conditions, and care for such things as brain injuries.
The compensation paid per case must be assessed independently. A car accident attorney can closely work with you if you are looking to sue the driver responsible for the car accident. For a personal injury case, it can work in your favor to have a professional on your side when you are suing for injuries.
You could be eligible for just a few thousand dollars in the case of a minor car accident, or hundreds of thousands of dollars or more if you have sustained severe physical damages. There is no exact answer to the question asked above, as everything must be accounted for and assessed before putting forward a compensation settlement amount for a car accident.
Other factors that matter in determining the amount of the claim include liability enhancers- such as getting hit by a drunk driver or getting hit by an 18-wheeler and the amount of insurance coverage for personal injury.
Why choose The Baumgartner Law Firm?
When bringing about a car accident settlement for a client, we work hard to ensure that everything is covered – physical, economic, and emotional. We understand that being involved in a car accident is a stressful event, and therefore, you need someone on your side to ensure that your settlement amount is fair.
We take care of everything from start to finish with regard to your insurance claim. If you are a victim of a car accident or a driver who has sustained any type of injury, contact us today. Call 281-587-1111!
We work with you to ensure that your settlement will cover all your injury damages, not just medical bills. As one of the leading firms in the United States, we are trusted by our clients who know we are experts when it comes to car accident settlements for victims.
Do you still have some questions surrounding your car accident settlement? Perhaps you are looking to enlist the help of a professional car accident attorney. If any of this applies to you, you’re in the RIGHT place. Below are some of the most commonly asked questions from our clients to guide you on what to expect.
When working with our professional team, we offer an initial free consultation and take care of everything throughout the auto accident settlement process. All you have to do is give us a call to start the process!
What is the average settlement for a minor car accident?
In Texas, no one formula determines the value of a case.
The value of a car accident case is determined by such factors as how much property damage was incurred (which is an indicator of impact severity), the total of your medical bills (which evidences the cost of your treatment), the certainty of the legal responsibility (if you may be partly to blame it can reduce your settlement amount), and what your doctors say about the cause and extent of the injury and your long-term prognosis. However, you could be eligible for more if your injuries are ongoing or if the other driver was under the influence of drugs or alcohol when the accident occurred.
You will need to submit all evidence and information requested by the insurance company, including medical bills, photos, car repair receipts, proof of medical care, and anything else deemed necessary.
How are auto accident settlements calculated?
Your personal injury case is calculated based on several different factors, which are both physical and economic. Everything must be assessed when it comes to your pain and suffering. The process can take a while. It is important that you make sure you submit all evidence of medical treatment, medical bills, damage to your car, and any other expenses.
The settlement will also be calculated at a higher amount should it be found that the at-fault driver was under the influence of drugs or alcohol. If this is the case, you will need to present a police report as part of your evidence, and take steps to preserve evidence which your personal injury attorney can take care of on your behalf.
What is a fair car accident settlement?
There is no right or wrong answer to this question. A fair car accident settlement is one that takes into consideration the emotional, physical, and economic impact on the victim. Usually, the at-fault driver’s insurance company will pay up to the insurance limit where this decision should be made.
Otherwise, a fair settlement amount considers all of the above factors to calculate the amount of money that should be paid to the victim. The victim can submit all types of evidence and request compensation for everything from vehicle damages to the time lost at work due to medical injury and treatment.
Do you always get a settlement from a car accident?
Where you are eligible for a car accident settlement, an insurance company will pay for injuries and damages sustained. Each accident case is unique and this is to be kept in mind when claiming car accident compensation. In some cases, a smaller settlement amount might be offered, in which case you can handle a negotiation with an insurance adjuster. Should the amount that you are offered not be fair, you can negotiate or seek help from an experienced lawyer, or consider small claims court.
In some cases, where an insurance company will not pay you a settlement, you can choose to sue the driver for your injuries. An insurance company will, most of the time, payout to an accident victim where evidence has been provided proving fault and damages. Some insurance companies have a take-it-or-leave-it approach and may require you to get an attorney.
Car incident settlements can be difficult to reach an agreement on. If you do decide to take your case to court, be sure to have a solid lawyer on your side!
What can I include as medical bills for injuries?
Your medical bills in Texas are limited to bills actually paid or incurred. You will need to include details of the medical costs that you have had to pay, as well as the details of any outstanding balances on medical bills.
The settlement amount that you are paid for your medical bills will depend on the type of care that was received, transportation to and from the hospital, the extent to which you were present in the medical clinic. These factors and others will determine the exact amount that you are paid for your injuries.
Can I make a car accident claim if I am partly at fault?
Possibly. Texas is a comparative responsibility state. If you are less responsible than the other driver, you may be entitled to recover your damages, less the percentage of your own fault. For example:
Joey was in an accident where the other driver failed to yield the right of way and struck Joey’s car at an intersection. The other driver was ticketed. However, Joey was speeding at the time as shown by the computer download from his car, and speeding was confirmed by witnesses to the crash. A jury found Joey to be 20% at fault and the other driver 80% at fault. Joey would be entitled to 80% of his total damages.