Texas is not a no-fault state for car accidents, nor is it for any other type of automobile accident case. This means that Texas is a “fault” state, which allows accident victims to take legal action as a method to potentially recover their damages. So, if you or a loved one suffered injuries in a car accident in Texas, you may qualify to file an insurance claim or lawsuit against the other driver.
Other variables may exist, such as partial negligence, that could affect how much compensation you could claim or receive. Our legal team can review your case in a free consultation, then discuss how we may build it for you. From there, one of our car accident lawyers can manage your case and represent you in Texas.
Texas Follows a Comparative Negligence Law for Car Accident Cases
Texas is not a no-fault state, as it follows a “modified” comparative negligence law. Texas Civil Practice and Remedies Code § 33.001 outlines how modified comparative negligence works. Per this law, if you are more than 50 percent at fault for an automobile accident, you will not receive compensation even if you suffered injuries in the accident.
If you are partially at fault but not more than 50 percent, then you may receive compensation but at a reduced amount based on your percentage of fault. For example, if you are 25 percent at fault but received $100,000 in a damages award, you could receive 75 percent of your total compensation award, which would be $75,000.
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In At-Fault States, You Can Demand Compensation for Damages
With each personal injury case we take on, we discuss what damages our clients experienced and use that information to determine how much compensation we should pursue on their behalf. Some common types of damages our clients claim include:
- Medical expenses: This can apply to current medical debts you’re facing, such as costs for emergency room treatment, inpatient hospitalization, ambulance rides, surgeries, and imaging exams. If your injuries are long-term or permanent, you may also demand compensation for future medical expenses, such as costs for doctor’s appointments, physical therapy, or additional procedures.
- Income loss: If your injuries prevented you from going to work and it resulted in a loss of wages, you may qualify to recover that income. We can also calculate any difference in earning potential if your injuries forced you to step down from your position or career altogether for a lower-paying position or disability income.
- Non-economic damages: This is a category of non-financial losses that includes physical and emotional forms of pain. You may claim compensation for emotional distress caused by the accident, chronic pain from your injuries, and overall negative changes in your quality of life.
- Property damage and related expenses: Many car accident cases involve demanding compensation for vehicle repairs or the actual cash value of the vehicle if you can no longer drive it again. However, you may also pursue compensation for other expenses, such as rental car fees. Alternatively, if you had to use public transportation, rideshare services, or other transportation services to get around town, you may demand compensation for those expenses.
All personal injury cases are unique to each plaintiff, so you may demand compensation for damages that do not fit within these general categories, especially if you suffered a catastrophic injury that resulted in a permanent disability. If you lost a loved one in a car accident and now struggle with their absence, you may also seek compensation.
Our legal team aims to be sensitive to how your life has changed and hopes to pursue compensation that is fair to you.
A Car Accident Attorney from Our Law Firm Can Represent You in Texas
If you decide to take advantage of Texas being a fault state, you can hire a car accident attorney from Domingo Garcia to manage your case. When you work with our legal team, we handle the burden of building your case by:
- Investigating your car accident and identifying who is liable for your damages
- Reviewing relevant insurance policies to see which damages you may claim
- Preparing other legal paperwork for your case, including documents to submit your lawsuit if you decide to pursue that route
- Retrieving evidence to support your case, such as video footage or eyewitness testimony
- Going to legal meetings to discuss a potential settlement deal for your case
- Handling communications with insurance adjusters, attorneys, and other relevant parties so that your case remains protected
- Preparing your case for court if necessary
Our legal team will update you as your case progresses, including whether you receive a settlement offer or should consider going to trial. If you ever have questions about a legal decision, our team members will be available to provide counsel.
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You Have a Limited Amount of Time to File a Car Accident Lawsuit in Texas
According to Texas Civil Practice and Remedies Code § 16.003, people who want to pursue compensation via a car accident lawsuit must do so within two years of the accident. This also applies to wrongful death cases involving car accidents.
Our legal team will take appropriate steps to ensure your case remains valid in court. However, if you don’t take action as soon as possible, it may impact your case. With more time, we can handle time-sensitive tasks such as retrieving certain evidence or finding the at-fault driver if your case was a hit-and-run accident. Don’t risk missing your legal deadline—because if you do, the court may bar you from pursuing compensation altogether.
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Call Domingo Garcia Today for a Free Consultation About Your Car Accident Case
Since Texas is not a no-fault state for car accident cases, accident victims who suffered injuries can file an insurance claim or lawsuit and demand compensation for their damages. If you or a loved one suffered injuries in a car accident in Texas, our legal team at Domingo Garcia offers to listen to your case in a free consultation and discuss what options you might have to pursue compensation.
We can assign one of our car accident lawyers to your case as soon as you decide to work with us. Call now to learn more about our legal services.
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