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What Factors Can Affect Your Auto Accident Claim in Texas?

In Texas, several factors can significantly impact your auto accident claim and the potential compensation you receive. Here are some key points to consider:

Determining Fault:   Texas is a fault-based state, meaning the at-fault driver is liable for damages after an accident. As an at-fault state the responsible party is accountable for your expenses. Drivers who cause accidents are obligated to pay and the injured party can sue for damages even if partially to blame for the crash.

Comparative Negligence:   Texas recognizes a modified comparative negligence rule limiting recovery for damages for parties found to be more than 50% to blame for an accident. If multiple parties are at fault in an accident a court will have to determine the percentage of responsibility to determine damages. Your entitled compensation can be limited by how much you are found to have contributed to causing the accident.

Seeking Medical Treatment:   It is important to seek medical treatment as soon as possible after a crash. In doing so, you document the extent of harm suffered and establish a medical record. This will provide concrete evidence showing that your injuries are accident-related. When dealing with insurance companies they become much more skeptical your personal injury claims are accident-related if you waited to seek medical care.

Severity of Injuries:   How much your claim is worth is tied directly with the severity of the injuries you suffered. More severe injuries typically require more medical treatment and can require long-term care, which in turn increases the damages eligible for recovery. Medical treatment costs can be substantial, and the type of injury and severity is a key factor in determining how much compensation you may be entitled from the liable party.

Statute of Limitations:   In the state of Texas, the statute of limitations for motor vehicle accidents is two years from the date of injury. Accident victims must take legal action or file a personal injury suit within the deadline or risk losing their right to compensation. Car accident claims brought against the state government must be filed within 180 days and some municipalities limiting the time to file to as few as 60 days after the accident.

High-Stakes Cases:   Most car accident claims in Texas reach a fair settlement without needing to go to court. Truck accidents can complicate a case. Accident claims involving multiple parties can complicate the case. Catastrophic injury cases can give rise to multi-million dollar compensation claims. The unique nature of what happened, plus the strength of your prepared case will factor into whether the insurers will provide a fair settlement offer. In rare cases, when they refuse to offer a fair amount, a trial may be necessary to secure a jury verdict and force them to pay fair compensation.

The negligence laws in Texas outline the rules for personal injury claims in the state. Get legal advice from an experienced attorney who can help you navigate the factors that can affect the outcome of your case.

What Damages Can You Claim After a Car Accident in Texas?

If you've been involved in a car accident in Texas and sustained injuries due to someone else's negligence, you may be entitled to claim various damages to compensate for your losses.

Economic Damages:

• Medical expenses: This includes past and future costs associated with your injuries, such as hospital bills, doctor visits, medication, physical therapy, and rehabilitation.
• Lost wages: Covers income you were unable to earn due to your injuries, including missed work hours and potential future earning capacity if your injuries impact your ability to work.
• Vehicle damage: Covers the cost of repairing or replacing your vehicle damaged in the accident.
• Other out-of-pocket expenses: This may include costs incurred due to the accident, like transportation to medical appointments, household help, or childcare if your injuries prevent you from performing these tasks yourself.

Non-Economic Damages:

• Pain and suffering: This compensates for the physical and emotional pain you've endured because of the accident.
• Mental anguish: Covers emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
• Loss of enjoyment of life: This compensates for the limitations placed on your ability to engage in activities you previously enjoyed due to your injuries.
• Scarring and disfigurement: Covers the physical and emotional impact of any visible scars or permanent accident-related disfigurement.

In general, there are no caps on the financial compensation you can recover for non-economic damages in a personal injury case. There are, however, some exceptions to the general rule. For pain and suffering damages, most insurance companies and juries use the multiplier method for calculating the value of pain and suffering damages. The more severe the injuries suffered the higher the multiplier applied. In consultation with your car accident attorney you will determine all eligible damages under Texas code that fit the unique circumsances of your personal injury case.